Police, Civil Liability and the Law Essay

At the onset of the twentieth century, constabulary work can best be described as very authoritative and constabulary forcemen or fair play enforcers were themselves considered the law. Criminality was low mainly because of the relatively st satisfactory economy and the population density in cities and urban centers were a hundred time, or raze more(prenominal), than today. As symbol of authority, the constabulary was then looked up to by the citizenry with great respect and even with admiration. Through the years, the world image of the jurisprudenceman is curious.In truth urban center police force departments today already employ spokesmen or public dealings officers to ensure the respectability of the service is protected and preserved. The changes in the concept of police work tremendously changed over the last century, or to be more specific the 25 years. The berth was brought ab bulge out by the growing public conscious on human rights which is guaranteed no les s by the linked Nations. while before police training was focused on comely handling of firearms and marksmanships, merchandise rules and regulations, todays police officer should be conscious of every persons human rights.Otherwise he or she may end up in court organism sued for cultivated financial obligation or damages. Changing Concept on the constabulary Over the years the police service has downstairswent some sort of an evolution. From a strong image of authority, the police has to some extent been compelled to accept the point that their functions or source of power emanates from the taxpayers who wanted them to be their protectors instead of oppressors. The situation is quite complex. While they have the mandate to enforce or put on the laws, the police atomic number 18 being restricted by a hang of guidelines better known in their lingo as the rules of engagement.They have to take after with the rules in the performance of their duties because failure to do so could mean fault or worse dismissal from the service. Unlike before when for instance, a traffic police officer can simply issue a address ticket to a motorist who violated a traffic law todays system places the speculate violator on a position of strength. He or she can write on the credit entry ticket the words under protest to signify the intention to marvel the actuation of the traffic officer for flagging him or her for a supposititious violation.The situation for policemen whose duties ar to run after criminal elements or members of the nether region is even more difficult. Unlike before when they would simply pick up a suspected person and have him or her placed under interrogation or tactical questioning, todays detective or police intelligence officer pauperism to first gather developed proofs or incontrovertible eyewitness accounts in order to be able to apply for a warrant of arrest from the court. Down for a supposed violation Because of the complex nature in todays referee system, police work now requires them to be conscious of the well-behaved or human rights of every citizen.Additionally, they excessively need to be more awargon of the rules of court or run the risk of being rebuffed or they cases they brought up for prosecution or litigation may end up disregard for either insufficiency of evidence or non-compliance to the rules in effecting or carrying out arrests and raids. The preponderance of diligence in the performances of police duties and responsibilities in the enforcement of the laws is so punctuate that police officers are restricted from conducting investigations or questioning without the presence of the suspects preferred or lawyer of his or her choice.Civil financial obligation of Abusive Members of the Police Department Todays police officers are made by law liable for their actuations as a go of an alarming pattern of vitiate they commit in the process of dispensing their duties. mayhap because of media at tention or coverage on police work, abuses have last been documented or difficult to deny as far as the police officer is concern. Every now and then, the public would see on television brutal police handling of suspected offenders. The abuses have run so frequent that the time has now come where victims of police abuse have to get back at them by suing for elegant obligation or damages.Perhaps, as society experiences new trends in law enforcement more laws to ensure that the power or authority vested in police officers are only used for the public good and not make the police as a threat to society itself. By making them civilly liable for high handedness in the performance of the laws, police officers depart be kept on their toes. Guide to Civil Liability In view of the above positions, it is notable to discuss a give-and-take manual of arms for police officers to consider in the performances of their duties and in relation to their civil liability and the law.In a book enti tled The Police Officers Guide to Civil Liability, Franklin (1993) emphasized the need for law enforcers, police officers in particular, to adhere to a standard guide to enable them to abide by their principles and at the same time uphold the concept of civil liability. Franklin mention that due to the increased number of court cases hurled against police officers, there is also a mounting need to teach these law enforcers on the dynamics of civil law. This is because such training or learning should be innate(p) among police officers and within their profession and in order for them to survive the world (Franklin, 1993).While the required knowledge on civil liability entirely varies from their abilities and expertise which are essential to be alive in a fatal shooting incident, having proficiency about civil law may avert a devastating possibility or outcome which leave alone ultimate affect the career of the police officer and which is definitely dread(prenominal) as any for m of shoot-out or gun battle. Additionally, the monetary and randy implications of a civil case are often than not give-up the ghost the physical suffering which is likened to a gun shot wound (Franklin, 1993).The book noted that as professionals, police officers are, in one way or the other, are engaged in a civil case. Franklin noted the underline it had inflicted on law enforcers and their respective police departments in general. However, police officers are still limited with civil law or civil liability trainings which may assist them in their court battles. It is unfortunate to note that a large amount of money which will be used in the court proceedings as well as many lives of police officers could be saved if only there is a provision of civil liability education or training.This is because such manikin of knowledge created a better and well-prepared police officer who can react to any kind of police situation or effectively carry out his duties to sight and the socie ty. Through this training, there will also be a reducing in the possibilities of a defeat in the civil case, and most importantly, this is the extreme determining factor for the efficiency and value of police officer and his civil liability training (Franklin, 1993). ConclusionAn increased awareness on the need for police officers to learn and adhere to civil liability in root to specific laws of the country is a positive effort to undertake. This is because such disposition will allow police officers to carry out their obligations, in a legal or appropriate manner, without the hindrance of possible civil lawsuit. While there are members of the police force who are undeniably haywire in their profession, it is worthy to consider that this is not the general view of the police department.Additionally, any misconception about the police profession may be rectify in such a way that the police officers are portray as important members of the society who are bound to protect people , shoes and the society as a whole. Hence, it is just but fair to return police officers trainings and related means which will enable them to appropriately act to the security or safety requirements of the people. Ultimately, the concept and the need to uphold civil liability will serve as a reminder for police officers that their authority entails responsibility.