Liability Causes of Action against Law Enforcement Personnel, Supervisors, and Agencies

Lack of training and policing standards are closely linked to the myriad problems bedeviling police work, especially in small departments (Brodeur, 2010). All over the country, police departments report cases of officers being caught in uncompromising and unprofessional situations, resulting in disciplinary actions such as redeployment, suspension or sacking. These cases of unprofessionalism have led to questions being asked about policing, occasioned by recurring series of questionable and controversial encounters with police officers (Brodeur, 2010). The consequence of such encounters is increasing public distrust in law enforcement agencies.

The group studied agencies of all sizes and various locations and their satisfaction before and after implementation of their field training programs (Eastern Michigan University, 2003). The study found that most state and federal court rulings against officers and agencies on tort liability issues were the result of training and supervision issues (Eastern Michigan University, 2003). Recommendations include a Field Training Program staffed with officers who have at least “5 years of experience and are highly motivated, good communicators, self-reliant, fair and impartial, and knowledgeable of what is best for the agency and community” Eastern Michigan University, 2003, p. 54). They must also be constantly trained as the laws and liability issues are constantly changing (Eastern Michigan University,

In some small towns, new officers get their training by working with an experienced officer. Inexperienced officers always are accompanied by veteran officers in order for them to learn. In bigger cities, police departments give classroom instructions in laws, accident investigation, city ordinances, and traffic control. Also they give instruction in the handling of firearms, methods of apprehension and arrest, self-defense tactics, and first-aid techniques. Even when you become an officer, you might still have to be trained in order to use new equipment as technology becomes more advanced.

Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in which playing fair is more important than winning. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Policing is the most visible part of this: employees on the bottom have more discretion than employees on the top.

Many people might argue that the lack of training in the police force is more harmful to the officers than the effect it has on society. Leslie Pfeiffer mentions in her article “” that the Federal government devotes a shocking amount of money toward training, yet local police agencies are often left to fend for themselves” (Pfeiffer). Whatsoever the federal government may be doing with the funds should undoubtedly be providing effective programs and necessities to ensure a complete and sufficient training process for officers. Often time’s people forget that although the officer is vulnerable to failure, error, and possible injury, in the event of a possible suspect or wrongfully accused person the lack of knowledge perceived by the officer can cause outcomes such as hostility, hatred, and death. Not only are officers fending for themselves but in

We urge that the leadership of the LAPD go beyond rhetoric in carrying out its existing policies against excessive force. From the Chief of Police down to the sergeants, this means taking a firm stand against the "bad guys" on the force and employing all the instruments available training, discipline, assignments, and promotion... We recommend a new standard of accountability (1991, xiii-xiv)

“So what’s the point of the academy? Primarily, it’s to protect the department from the legal liability that could result from negligent training. To the trainees this appears more important than educating police officers.” And second, despite

Police officers are trained to read, write and analyze numbers. They are also trained how to handle firearms, identify non-lethal weapons, use defensive tactics effective, conduct search and seizure, driving techniques, investigate criminal acts and the laws of arrest, but how many police take a course on ethical conduct or learn the meaning of sworn oath? Some police officer feel ethics is not important and training is of low – priority. Law enforcement officers take oaths creates an ethical landmine. Officers have to weigh their personal values against colleague demands that may develop a hostile environment and cause ethical issues to flourish. When police officers demonstrate unethical practices, negative issues occur. Corruption scandals are painful reminders that officers need more

New officers need to know that no profession demands a higher ethical standard than law enforcement. Whether or not there are other careers that require a similar dedication to doing the right thing, it is undeniable that there is a tremendous degree of expectations placed upon police officers. Every officer knows, or at least should know by now, that they live in a fishbowl. Friends, relatives, neighbors and strangers watch every move law enforcement officers make, both on and off duty. The fact is that the public scrutinizes police officers more than most other professions, either because they are cynical or hope to catch them screwing up or because they are hopeful

As a police officer, the major objectives are to maintain order, enforce the law, protect one’s property, and to save lives. In addition, police are divided into two roles based on how they perform their duties. The two roles of a police officer are a public servant and a crime fighter. A police officer whose role as a public servant is to serve all types of people, as well as criminals. Public servants regularly provide advice and make judgments as to the degree of risk they should take with the public. Many decisions involving risk are relatively easy to make, but others are complex and significant consequences (Kernaghan and Langford, 2016). These risks may involve using force and the consequences could be media backlash or a potential termination. Public servants abide by the oath and uphold the integrity and honor of the organization as an officer. Also, public servant officers like to play it safe because they like to be known as ordinary citizens who like to go home to their

The theory used in this study will center on if law enforcement agencies regularly train and practice non-lethal means will have lower cases of excessive force within their organization. Law enforcement officers are authorized to use force when necessary, but when the level of force is excessive, however, the actions of the police come under scrutiny. The resulting effects can include; public outrage, scandal, negative reputation for not only the officer but the law enforcement community.

Looking at the training on the local level in relation to that of the training academy in Bristol offers a stark difference in the time to train the local law enforcement. The training guide to law enforcement offers that the average training program for local police is about six weeks of training (Academy, 2008). The levels of training reflects the needs of the law enforcement officer and the occurrences that the officer will likely encounter in the field on his patrol. The training of officers usually consists of a classroom part and a field training part. The sessions of training often provide the officers with a balance for the skills and techniques that the officer will likely employ in the field. Such skills and techniques as firearms training, handcuffing, and paperwork preparation are usually training received at a police academy.

Police “officers work and live in a constantly changing environment in which they are exposed to a myriad of ethical conflicts. When either unprepared or unaware, police officers are more likely to “go with the flow” than they would be if they were adequately prepared to face potentially ethical risks.” (Gilmartin & Harris, 1998) Most ethical violations are committed because the officer is exposed to a situation in which he was inadequately prepared. The lack of time to think about the situation before committing an ethical violation has detrimental life changing consequences. Police work can be very exciting and very rewarding but if not properly prepared and trained an officer can easily find himself involved in an ethical violation. Understanding the issues and being mentally prepared will help police officers become more responsible and make better

     Police officers need a good understanding of the law. Recruits need training in criminal law and civil law. Within the law training blocks, recruits would be introduced to criminal procedure and rules of evidence. Training must also include how to handle incidents with juveniles and the mentally ill and domestic violence situations.

When discussing leadership within the law enforcement profession is it vital to take the human factors into consideration. There are multiple human factors that the law enforcement leaders must take note of, such as, family issues, financial issues, stress, health, and morale. These human factors that play an important role for law enforcement in general can impact morale, officer safety and the public perception. When addressing the human factors, “Law enforcement leaders should challenge themselves and their employees to increase safety margins by focusing on human factors. By doing so, they will improve proactive communication at their level of influence and develop an organizational culture that values safety and wellness” (Bone, D., Normore,