Liability Issues

Legal and Liability Issues

The proper and timely resolution of legal and liability issues is crucial to ensuring adequate decision-making and policy development in the criminal justice system. To reduce the liability, law enforcement agents have started adhering to the hierarchically imposed rules to control the actions of subordinates and fulfillment of duties. A comprehensive and innovative management approach helps to enhance control over the system, decisions- and policy-making, as well as minimizes liability exposure. It also improves the management of the organization while still following current trends of human resource development. The resolution of liability issues is significant to securing flawless performance of the criminal justice system. Law enforcement agencies play an essential role in the formulation of necessary strategies to decrease their liability exposure. To properly address ponderous concerns related to legal and liability issues such as civil litigation, the allegation of maleficence, excessive force, and violations of civil rights, it is necessary to improve management methods, promote education, increase the quality of the workplace, adequately and timely respond to the changes, which occurred in the political-economic environment.

Appropriate maintenance and enhancement of the level of performance will assist in the efficient resolution of liability issues, including civil litigation, excessive force, and infringement of civil rights. Concerns for workplace improvement make the competent bodies reduce stress and turnover, as these are the main organizational dysfunctions that prevent the criminal justice system from adequate functioning. Therefore, academics, practitioners, and trainers recognize that well-developed strategies will significantly decrease liability and improve the workplace. The legal environment of the criminal justice system has drastically changed in recent years. The liability exposure of police officers has increased as well. The competent bodies are primarily concerned with the violation of civil rights (Loftus, 2010). Individuals often conduct litigation in the federal district courts. If the legal environment threatens the operation of the criminal justice system, it has to be reformed in the shortest terms possible. In addition, technological and social environments along with personnel policies should be adjusted. To avoid the emergence of legal and liability issues, socio-normative, economic, demographic, and technological changes in the workforce that will promote motivation and ensure satisfaction should be introduced.

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Lately, there has been a rapid expansion of police functions and roles in the national law enforcement system. The social demands of police officers have become controversial and complex. Personnel not only enforce order, and law and prevents crime, but also serve as attorneys, medical doctors, prosecutors, educators, and workers, who address legal and liability issues in a professional manner (Ransley & Mazerolle, 2009). The complexity and unpredictability make the profession extremely vulnerable to internal and external challenges. The number of civil lawsuits that the department and citizens bring annually increases. The practice of filing lawsuits against officers and agencies has become common nationwide. In most cases, they are related to the fulfillment of assigned duties, judgment mistakes, brutality, misconduct, lack of training, and violation of citizens’ rights. However, no relevant authority is exempt from civil litigation. In many situations, financial loss and psychological tension that police officers incur and face respectively damage their reputation, and professionalism and hinder high-quality performance.

The emergence of civil litigation cases has forced competent bodies to develop new procedures, policies, practices, training, and promote interaction with communities since cooperation with the society helps to shape the national policies. As law enforcement agents have become more aware of such phenomena as civil liability, they continue defending themselves from lawsuits through joint work and application of the law. The cooperation is worth the effort, particularly if it contributes to safe policing. A physical tort action is another legal and liability issue that requires significant attention. Regardless of the level of severity, it still constitutes physical damage to individuals as well as their movable and immovable property. False imprisonment or illegal arrest/detention in case of an absent warrant serves as a basis for a physical tort. However, battery and assault may not relate to the physical tort (Cole, Smith, & DeJong, 2015). Besides, some avenues of liability exposure take into account only physical torts. The presence of nonphysical torts increases liability issues; therefore, community personnel is made to supervise and control these actions. It is often argued that restraints and contacts are frequent between inmates and custodial staff. Nevertheless, the situation is quite opposite in the relationship and cooperation of community supervision officers and individuals. Hence, these specialists are required to keep private data confidential and organized.

People trust law enforcement agents when the latter perform their duties. In some instances, legal and liability issues are inevitable. Thus, to avoid civil litigation, the allegation of maleficence, excessive force, and violations of civil rights, there is a great need to timely respond to the challenges related to community supervision and overcome a set of stressors that may hinder the adequate functioning of the entire criminal justice system. According to the view expressed by community supervision officers, wrongful death, misrepresentation of facts, defamation, invasion of privacy, and malicious prosecution are related to nonphysical torts (Cole, Smith, & DeJong, 2015). The acts that harm people’s privacy, reputation, and emotional well-being are also associated with these actions.

To conclude, the modern criminal justice system requires amendments and improvement. Inequities in police practices, aggressive policing, severe criminal sentences, prosecution and arrest policies, and the excessive use of force by police officers have a desperately adverse impact on individuals and communities, where they live. Therefore, to avoid legal and liability issues such as violations of civil rights, excessive force, allegations of maleficence, civil litigation, and physical and non-physical torts, communities and police officers should cooperate and timely respond to the challenges in case of their emergence.

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