Law Enforcement And Civil Rights Violations

3. If disparate impact is evident, what steps should the defendant take next? Provide specific recommendations.

2 The courts deal with cases of civil rights and civil liberties all the time. A prime example of a civil rights case is “Trump. v. International Refugee Assistance Project” found from the supreme court 's website. In this case President Trump had sent an order the affected the immigration of foreigners. This is civil rights because America has equality for all people so no one should be discriminated against for their ethnicity. A court case that represents a civil liberties issue is “Florida v. Jardines” found from the Supreme Court 's website. In this court case the civil liberty that was in question was the right to avoid unreasonable search or seizure. This is because the police entered a home without true probable cause, therefore, violating Jardines’ rights.

1 Civil Rights Vs. Civil Liberties As a citizen of the United States, one is granted many protections under law. 2 These protections consist of Civil Rights and Civil Liberties. Varying based on the person, these rights are very valuable and ensure that an individual free of harm for certain situations. Civil Rights and Civil Liberties have evolved over the years as our country continues to further its development. They allow for the diminishing of injustice and a sense of security when it comes to the law system. The importance of Civil Rights and Liberties may not be very well known to all, but continue to play a role in every citizen’s

The justice system’s failure to prosecute police brutality is a hot topic since most riots and acts of public violence surround this issue. One of the obstacles with prosecuting police brutality is a lack of evidence. As stated by Andrew Walter in an overview of police brutality, the failure to prove police brutality cases “stems from...difficulty in

The practices of police can best be explained in the elaboration of case probability versus class probability. Case probability is when police take specific evidence with concrete proof in regards to the victim of a crime to accuse one of a crime. Class probability, however, is when police generalize normal committers of the specific crime to accuse one for it. For example, if police aimed to prosecute a seller of marijuana and Hispanics were typically known to commit such a crime, class probability would be integrated into case investigation if police searched every Hispanic on site for the

Civil rights and civil liberties have been constantly changing and growing as our country moves forward with its ever-changing society. Civil liberties are about

Civil rights and civil of liberties have regularly been the discussion of different locales throughout the years. In the achievement of social liberties and freedoms, laws and statutory arrangements have must be drafted. In extraordinary cases, activists have needed to go past the standard to ensure that these rights and freedoms are accomplished. Civil freedoms are certifiable or positive arrangements that are ensured by

On the other hand, civil rights claims involve the violation of one's constitutional and civil rights. These types of lawsuits are brought under the Federal statute, 42 U.S.C. S 1983 and in District Court. Under this law, the perpetrator

What is police misconduct? It can be defined as any action performed by a law enforcement officer that is unethical by established employment guidelines, unconstitutional, or a crime with in itself. When people hear the term “police misconduct” they automatically think of a police officer using unnecessary force against a civilian. While that is a form of police misconduct it is not only form. Throughout this paper I will bring light to the many types of police misconduct that can happen in the law enforcement industry.

To determine whether or not the admission of evidence is constitutionally permissible can be a very tough decision. There are many laws and regulations that must be adhered to in order for evidence to be admissible to ensure that a defendant’s right are not violated. One of the most important rules that help protect against illegal evidence being admitted into evidence is the Exclusionary rule. This rule helps to ensure that evidence which is admissible into criminal prosecutions are not only relevant and reliable, but have not violated the fourth or fifth amendment due to misconduct. Specifically, the exclusionary rule forbids evidence obtained by violating a defendant’s constitutional rights to be introduced by the prosecution for the purpose of proving direct guilt Gardner & Anderson, 2013, pg. 218-219).Police misconduct often leads to evidence that can either be obtained legally through the use of illegal evidence, evidence that is illegally obtained through violations of other rules, regulations, a defendants rights, or evidence that is obtained illegally but falls under one of the exclusionary rule exceptions such as the plain view doctrine (Gardner & Anderson, 2013, pg. 219-221).

Civil rights on the other hand are certain rights centered on the concept of equal treatment that the government is obligated to protect. Rights relating to the duties of citizenship based on the expectation of equality under the law. An important example of civil rights is the right

Civil Rights lawyers advocate for equal protection under the law regardless of race, gender, region and many more factors. These types of lawyers do this by protecting and urging for justice by the rights and liberties stated in the U.S. Constitution or legislation (Thompson). Lawyers may choose to practice transactional or litigation law. However, Civil Rights lawyer often practice litigation because it involves firsthand interactions with clients and tends to spend the majority

d. Your personal philosophy, values or ideology about the balance between civil liberties and national security in the context of an unending war on terror.

Each individual has the right to receive equal treatment, to be free from unfairness and discrimination in many type of setting, which is the purpose of civil rights. The settings could be from education, employment and housing. The Constitution, amendments and many different laws in the United States protect our civil rights. However, there are situations were those civil rights are violated. In the case of Garcia, V. State Univ. of New York Health Sciences Center (SUNY) his rights were violated under several different laws such as, Americans with Disabilities Act, the Rehabilitation Act, the First Amendment, and the Due Process and Equal Protection Clauses of the Constitution. Garcia, the plaintiff is now seeking justice from SUNY (defendant) administration board after being discriminated because of his learning disability.

The next type of tort law is based on intentional negligence. This type of tort requires that the burden of proof show that the officer willfully engaged in an activity that would knowingly bring harm or injury to a person. Intent can be very difficult to prove and usually account for a minimal number of successful civil suit, one such case, “Morgan v. The City of Alvin, No.01-02-01212, 175 S.W.3d 408 (Tex. App. 1st Dist. 2004). See also Schauer v. Morgan, 01-04-00142, 175 S.W.3d 397 (Tex. App. 1st Dist. 2005), ruling that the officer, as a city employee, had immunity from liability in the arrestee’s claims against him individually, since the immunity granted to government employees under the Texas Tort Claims Act is not limited to actions carried out within the scope of their employment or in good faith.” (Farber, 2007) Strict liability is the last type of tort law where the damages must be severe for this law to be applied. This law can be applied to both the officer and the organization when assigning damages, and is most often assigned to the organization as an individual can rarely pay the damages. Additional considerations that can be associated with state tort liabilities can include wrongful death, assault and battery, and false arrest and false imprisonment. Some crimes only include some of the principles of liability, while others may contain all principles, and are known as true crimes.