Legal Perspective

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School

Monroe Community College *

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112

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Law

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Nov 24, 2024

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Uploaded by niquisha

Aneshea DeSuza Professor Mark Giuliano Criminal Justice Capstone 20th November, 2023 Legal Perspective According (NBCLA, 2019) 600 officers did a survey on the impact of the stress on the job and why is it hard to reach out for help. 78% of NYDP officers worry that they will seem like they are unfit for duty while 67% are concerned about putting their jobs at risk. Pennsylvania Title 44 SUBCHAPTER B GENERAL PROVISIONS 7203. Mental health evaluations for law enforcement officers. In order to continue employment and without cost to the law enforcement officer, the law enforcement agency shall provide a law enforcement officer with a mental health evaluation for post-traumatic stress disorder by a licensed mental health professional. This can be either be upon request of the law enforcement officer, upon recommendation of a police chief or other supervising law enforcement officer, within 30 days of an incident of the use of lethal force during the course of law enforcement duties. If the mental health professional determines during the evaluation that a officer has symptoms of post- traumatic stress disorder, the law enforcement officer shall be provided with treatment under a licensed physician's care until the licensed physician determines in writing that the law enforcement officer is able to resume full duties. Said officer would be put on administrative duty if the law enforcement officer fails to undergo a mental health evaluation, experiencing symptoms of post-traumatic stress disorder as determined by a licensed mental health professional.

Continuing with Pennsylvania Title 44 the use of force by police officers is a critical aspect of their job, but it must be within the bounds of the law. So, the court considered the impact of traumatic incidents on officers' mental health when evaluating the reasonableness of their actions. Cases involving officers suffering from post-traumatic stress disorder (PTSD) after using force have raised questions about the adequacy of support provided by law enforcement agencies. Officers facing disciplinary actions may argue that their mental health played a role in their behavior. Pennsylvania (Title 44) Court consider whether the disciplinary process took into account the psychological well-being of officers. officers claim that their mental health was not appropriately considered during disciplinary proceedings which influenced how the law enforcement agencies handle such situations. In my opinion qualified immunity shields government officials (police officers) from civil liability unless they violate a clearly established constitutional right. Therefore, the court should determine whether the psychological toll on policing creates such a violation. Cases challenging qualified immunity in the context of officers' mental health may impact the legal standards applied to determine if immunity is warranted. What about viewing mental health as a disability? The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. Mental health conditions may be considered disabilities, and law enforcement agencies may need to accommodate officers accordingly. Cases involving officers seeking reasonable accommodations for mental health conditions under the ADA could set precedents for how law enforcement agencies must address such requests. According to (NBC10 Philadelphia, 2018) state rep Jason Dawkins wanted to introduction a bill which requires all Pennsylvania police officers to get a mental health screening every two years. Other ways to address the Psychological Toll on Policing are mental

Health Support Programs, Training and Education, Policy Reforms, Community Policing and De-escalation and Legal Reforms. Agencies may implement mental health support programs, including counseling services, peer support, and wellness initiatives. Officers may receive training on stress management, resilience, and recognizing signs of mental health issues in themselves and their colleagues. Law enforcement agencies may revise policies to address mental health concerns, ensuring that officers have access to resources and that mental health is considered in disciplinary actions. Emphasizing community policing and de-escalation techniques can contribute to reducing high-stress situations, potentially alleviating the psychological toll on officers. Policymakers may consider legal reforms that explicitly address the psychological well-being of officers, potentially impacting how courts assess liability and qualified immunity in related cases. The interplay between legal issues and strategies to address the psychological toll on policing is complex and evolving, influenced by court decisions, legislative changes, and societal expectations. Ongoing efforts to strike a balance between law enforcement effectiveness and officer well-being will likely shape future legal considerations in this realm. Eric Weaver is a retired police sergeant and pastor who has become an expert on mental health, particularly in the context of law enforcement. Having experienced severe mental illness himself, including hospitalization for suicidality while serving as a police sergeant and pastor, Eric openly shares his personal story to advocate for mental health awareness. He authored the book 'Overcoming the Darkness: Shining Light on Mental Illness, Trauma, and Suicide for Law Enforcement' and conducts seminars on mental health, stress, stigmas, depression, and suicide prevention. Eric's seminars, taught to over 35,000 law

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enforcement officers, earned him the Mental Health Association of NYS Award for Program Excellence in 2006. During his 20-year career with the Rochester NY Police Department, Eric served in various roles, including the creator and commanding officer of the Crisis Intervention Team (CIT), a specialized unit responding to calls involving suicidal and mentally ill individuals. He has been a consultant for numerous police departments, the NYS Division of Criminal Justice Services, and the NYS Office of Mental Health in developing Crisis Intervention Teams. Eric is a National Trainer for Mental Health First Aid programs, a former instructor for suicide intervention training, and served on the board of various mental health organizations. He is the founder of "Overcoming the Darkness" a training and consulting business offering certification programs and seminars on recovery, mental illness, communication skills, and suicide awareness. Eric's expertise has gained recognition in national publications and TV programs. Reference  NBCLA. (2019, January 2). How police officers are battling mental health stigma [Video]. YouTube. https://www.youtube.com/watch?v=KF0M2XaiU8E  Eric Weaver | Overcoming the Darkness. (n.d.). OTD. https://www.overcomingthedarkness.com/eric-weaver  NBC10 Philadelphia. (2018, December 22). How cops cope: Mental health and law enforcement [Video]. YouTube. https://www.youtube.com/watch?v=NvPpfTxkD4E

Legal Perspective

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