Scenario Involving Civil Liability and Civil Action
Professor Phillip Edwards
September 14, 2014
In this scenario project I will identify four alleged crimes and one criminal civil action. In addition, I will apply principles involving criminal law relevant to the criminal justice practice, and I will demonstrate my understanding of civil liabilities relative to criminal justice agencies, and practitioners. Furthermore, I will identify case laws relevant to the possible civil action that could be brought against the police officer, the department and the city. After addressing these issues, I will have described a scenario involving a civil liability and a civil action.
When identifying the four alleged crimes and the one criminal civil action, regarding this scenario project, the four alleged crimes are: 1) attempted robbery, 2) drug possession, 3) carrying a gun, and 4) assault and battery. After speaking to a female victim, Officer Jones noticed an individual who partially fit the description, and walked toward them. Officer Jones identified himself, and told the individual to stop. Unfortunately, this individual did not stop, and kept on walking from the officer, and the officer shouted again identifying himself, but this time the individual stopped. When the individual stopped he looked at the officer and there was a big bulge in his right pocket, but refused to put his hands where the cop could see them. The subject began to reach inside his right pocket, and then he took his hands out of his right pocket, then the officer drew his weapon, and shot the individual in his left shoulder. The officer called for medical assistance, and went through the subject’s belongings, and found some baggies with cocaine and a cellphone. The individual was taken to the hospital, in stable condition, and after investigating the situation, this individual was not the perpetrator, in fact the female victim lied, and was involved in a domestic violence episode with her husband, for she did not want him to be arrested. I do think because of what happened, the individual who went to the hospital has grounds to possibly file a civil action against the police officer, his department, and the city.
When applying principles of criminal law to criminal justice practice in this scenario, according to Sage Publications (2009, p.4) “Criminal law is law which defines certain types of behavior as being criminal, and allow those types of behavior to be punished in some way by the state. However, another kind of law called substantive criminal law, relates to the action which involves behavior characterized as felonious, emerging into punishment provided from a state in which individuals are found at fault, or is liable for violating laws (statutes). This law is different from procedural law, for this law gives description and governance providing authority to criminal justice agencies, so they can check thoroughly bringing action against those from court, by indicting them and cracking down on crimes. Furthermore, substantive law is different from civil law, for it handles alternate patterns involving behavior, developed into a few models of repayment, usually monetary once a judge decides an individual is found guilty. In criminal law cases an individual must be proven guilty, provided the evidence presented as guilty, is over and above acceptable doubt.
When demonstrating my understanding of civil liability, I see that this law is one that should be conveniently monitored, and it identifies over 60K cases of civil law, registered on a yearly basis opposing Criminal Justice practitioners. According to Ross (2012, paragraph1) “This increasing litigation poses a significant problem for law enforcement and other personnel who must ensure that they are performing their legal duties within the boundaries of case law”. To summarize, they require performance recognizing...
References: Civil Remedies, Human Rights Watch, retrieved from www.hr
Findlaw, Major Case Laws For Cops, retrieved from www.Findlaw.com/us/471/1htm.
Floyd et al. v. City of New York et al., Center For Constitutional Rights retrieved from www.ccrjustice.org
Ross, D. L. (2012) Civil Liability in Criminal Justice, retrieved from www.elsevier.com/../civil-liability-in-criminal-justice/...
Ross, D. L. (2012) Civil Liability in Criminal Justice, retrieved from www.books.google.com
Sage Publication (2009), Part 1 General Principles of Criminal Law, retrieved from www.sagepub.com/upm-data/31550_01_Cross_Ch_01.pdf
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