Civil Liability in Criminal Justice

Instructions:

READ the following chapters and answer the following assignment using modified APA style including the page number where the information was obtained

  1. Chapter 1, 2, 3
    Civil Liability in Criminal Justice, 6th Edition
    Author: Darrell L. Ross
    Year: 2013
    ISBN 13: 978-1-4557-3013-1
  2. Chapter 4;
    Ross v. Texas One, 796 S.W. 2d 206 (Tx. App. 1990), pp. 466-473
    Private Security and the Law, 5th Edition
    Author: Charles P. Nemeth
    Year: 2018
    ISBN 13: 978-1-138-73875-1
    1. Video: Issues Related to Civil and Criminal Liability
      https://www.youtube.com/watch?v=-MrR6kURSI4

Assignment:

Over the last 5 decades, the general presumption was that if the society wished to change police behavior it could do so by case law decision. For example, Miranda v. Arizona was to squelch abusive police practices, and similar rulings from the U.S. Supreme Court dealt with warrants, arrest processes and definitions of probable cause.
For the purposes of this discussion, consider whether these case law rulings worked effectively? Assume their impact has not been as expected. Then, consider the power of civil liability. Would this be a more compelling deterrent? Why or why not? Put another way- how do civil remedies modify professional behavior? Could it be argued that civil actions directly confront officer behavior by personally penalizing the officer when compared to constitutional remedies.
As you weigh these policy problems, mention a civil action that might have power in controlling errant police or officer behavior.

Sample Solution

ACED ESSAYS