Unit 3 Assignment Ethan Bish CJ320-8

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Jan 9, 2024

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Running head: UNIT 3 ASSIGNMENT 1 Alex Gets a Job Ethan Bish Professor Brown CJ320-8

UNIT 3 ASSIGNMENT 2 Risk management is an essential part of the job as a police officer. Policer officer’s due to the nature of their work tend to be in at-risk situations far more often than your average person. An officer’s ability to identify the risk, and then mitigate said risk can make all the difference in a situation, as one wrong move could exacerbate the situation at hand. The first risk is the most obvious, the risk to your life, the suspects life, and the citizens around you. Police officers should work to deescalate situations to protect the lives of all parties involved. The next risk is the risk of litigation. Everything an officer does will be looked at with a fine-toothed comb, meaning that if an officer commits misconduct, they are liable for that misconduct, whether that means being sued, or being fired from their job. The next risk is technology. Technology is a double-edged sword, as police officers you use technology to catch criminals and wear body cameras to help protect yourselves. Technology has also been used to catch police officers breaking the law. Everybody has a smartphone with recording capabilities. An example of this happened in Kenosha, WI on July 20 th where officers were recorded committing a wrongful arrest at an Applebee’s, where the officers initiated a violent takedown of Jermella English a hit and run suspect, who was holding his 1-year-old in his hands. The officers both received suspensions for their actions. Their suspensions weren’t due to breaking any laws but due to the way they attempted to arrest the suspect with a child in his arms. The next risk is outside factors. These factors can be anything such as time of day, weather, or criminal groups in the area. The last risk factor is simple, follow all procedures set by your department as they are your guidelines for doing your job safely and correctly. Title 18, U.S.C., Section 242 establishes “color of law”. Color of law refers to any act done by federal, state, or local authorities using lawful authority. Any action taken as a police officer is

UNIT 3 ASSIGNMENT 3 done under the color of law, so by understanding what that means and following the law you can avoid liability, as color of law can be used against you if you violate a person’s rights whilst working as a police officer. The next defense you have is qualified immunity. Qualified immunity essentially means that if you don’t violate a person’s rights you cannot be held liable. This only applies to rights that a reasonable person would have known such as the amendments for example. Meaning if a person has an allergy to metal and you handcuff them without knowing this, you cannot be held liable for any reaction they may have. The next protection is the good faith exception. Under the good faith exception an officer is protected if they did not intend to do harm. This exception was created by the Supreme Court specifically for dealing with Fourth Amendment issues. References Person. (2021, October 21). Defenses to civil liability . LegalMatch Law Library. https://www.legalmatch.com/law-library/article/defenses-to-civil-liability.html MSN. (n.d.). https://www.msn.com/en-us/news/crime/2-kenosha-police-officers-suspended-after- violent-wrongful-arrest-at-applebees-caught-on-camera/ar-AA1k9NFZ FBI. (2012, September 1). Legal digest: Qualified immunity - how it protects law enforcement officers . FBI. https://leb.fbi.gov/articles/legal-digest/legal-digest-qualified-immunity-how- it-protects-law-enforcement-officers Deprivation of rights under color of law . Civil Rights Division. (2021, May 31). https://www.justice.gov/crt/deprivation-rights-under-color-law

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UNIT 3 ASSIGNMENT 4 Cydni. (2017, March 30). Good faith - definition, examples, cases, processes . Legal Dictionary. https://legaldictionary.net/good-faith/#:~:text=The%20good%20faith%20exception %20was%20created%20by%20the,who%20may%20have%20been%20mistaken%20in %20their%20actions.

Unit 3 Assignment Ethan Bish CJ320-8

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