Question Description
It is important for those who have an interest in thecriminal justice system or in law enforcement to learn about some of thechallenges working in a litigious society can create. Criminal justiceagencies have developed methods to reduce the chances of incurringlawsuits against their officers and departments. You will glean valuableinsight and learn how to begin developing clear, concise, andsubstantive communication necessary for criminal justice and lawenforcement officers.
In this LASA, you will prepare a 5 to 7 page researchpaper from the perspective of one of the following roles in Centervale:an internal affairs investigator, compliance officer, or similarofficial seeking to mitigate and improve the department by reducing thenumber of legal actions filed against the department. You have beenasked to prepare this paper in response to the following scenario:
It is common to see groups of youths hanging aroundvarious locations in Centervale. A group of mischievous juveniles hangout at a 24 hour Burger Joint on Tenth Street on a fairly regular basisand often get into Saturday night scuffles with other groups ofjuveniles, which require the police to respond to clear the area. Theowner of the Burger Joint has become increasingly concerned about adrastic decrease in sales; however, he continued to look the other wayuntil the scuffles escalated into full-blown fights that involvedweapons, such as knives or brass knuckles.
Recently, the owner of the Burger Joint called 911 in apanic because he thought he heard gunshots fired from the parking lotarea during a scuffle. Officers from the Centervale Police Department(CPD) arrived on the scene to find several youths involved in a physicalfight provoked by a verbal attack, but there were no visible signs ofweapons. Officer Jack Newbie just completed Taser training at theCentervale Police Academy. Officer Newbie believes carrying a"non-lethal" alternative to a firearm is beneficial for law enforcementofficers.
Officer Newbie and his partner proceeded with cautionwhen attempting to break-up the fight at the Burger Joint becausereports of weapons involvement can create very dangerous situations forofficers as they approach. Sam White, 15 years old, who was not activelyinvolved in the physical aspect of the scuffle, tried to flee from thescene. Officer Newbie did not give verbal commands before firing hisTaser at White as he fled. The Taser's 50,000-volt of electric shockcaused White to fall to the ground, striking his head and sustaining acocussion. White's girlfriend, Rosey Green, a small-framed female, wasdistraught and angry over White's condition. Green jumped onto OfficerNewbie's back, bit him on the neck and punched him in the ear. OfficerNewbie's partner, Officer Joe Flash, tased Green during the assault.Green also sustained injuries from being tased and her parents are nowsuing the CPD for use of excessive force against a minor.
Instructions:
The information from your research paper will be used bythe CPD to add or change policies and to make high-level executivepolices to reduce lawsuits.
The following information must be included in your presentation:
- Based on your research of the history and your research of issuessurrounding liability in policing today, determine if Officer Newbie'shandling of the situation with White and Green created a liability orpotential lawsuit situation for the CPD? Evaluate how the use of forcewas applied in this situation with regard to White's attempt to flee thescene and Green's physical assault of Officer Newbie and develop a newpolicy based on your evaluation of the incident.
- The CPD's current use-of-force policystates that the amount of force any officer may use against anyindividual may be one degree greater than the amount of force beingapplied by any individual against any officer. Compare and contrastCPD's use-of-force policy with the facts of the Green Case. In yourpresentation, assess how Green's behavior, the facts of the case (i.e.,dispatch: fight with weapons), and Officer Newbie's response align ormisalign with the terms of the policy.
- Create a mitigation action plan (MAP) thatcontains three recommendations supported by the findings of currentempirical research that might help to reduce the number of lawsuits thatcould be potentially filed against the CPD.
- Determine if the definition of a frivolouslawsuit applies to the situation with Officer Newbie and his handlingof the White Case? Analyze and discuss how a potential lawsuit filed byWhite against the CPD might be perceived by the court and how the CPDmight mediate or litigate a lawsuit of this nature.
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