Civil Ability and Civil Action
Scenario Involving Civil Liability and Civil Action
Jacquelyne Anderson
Professor Phillip Edwards
CJ499-01
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
Jacquelyne Anderson
Professor Phillip Edwards
CJ499-01
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
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