Civil Liability and Policing Challenges

 Any questions about anything before we begin?  Unit 7: Seminar, Discussion, Quiz, and Unit 7 Project Chapters 10 and 11  Seminar: Police Liability  Question: What is police liability and what can it consist of?

 Civil Law: “That body of law dealing exclusively with tort issues (private wrongs). The level of proof at a civil trial is preponderance of the evidence. Officer, Department, Supervisors, and other  Duty of care- failure to protect, vehicle pursuits, computer evidence, and other  Violation of their constitutional rights section 1983, Title 42  Costs-Consequences-Policies/Procedures- Other

 U.S. Code Title 42, Section 1983 “Section 1983 is a civil statute, Title 18, Section 42, of the U.S. Code makes it a criminal offense for any person acting willfully ‘under color of law,’ statute, regulation, or custom to deprive any person of the rights and privileges guaranteed under the Constitution and Laws of the United States.”  Tort Liability, Negligence, Vicarious Liability  “Consequences of failing to properly hire, train, and supervise police personnel can be quite costly, in both human and financial terms.”

Terrorism Homeland Security FBI, Current International Terrorist Threats Police Vulnerable in Six Types of Situations Bioterrorism National Incident Management System (NIMS) USA Patriot Act Street Gangs- Street Gangs and SARA Terrorism-Gangs-Drugs

 Terrorism: “Unlawful use of force against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.”  Homeland Security  Types of Terrorism

 1. Foreign sponsors of international terrorism. Seven countries—Cuba, Iran, Iraq, Libya,  North Korea, Sudan, and Syria—are designated as such sponsors and view terrorism  as a tool of foreign policy. They fund, organize, network, and provide other  support to formal terrorist groups and extremists.

2. Formalized terrorist groups. Autonomous organizations (such as bin Laden’s al Qaeda, Afghanistan’s Taliban, Iranian- backed Hezbollah, Egyptian Al-Gama’a Al-Islamiyya, and Palestinian HAMAS) have their own infrastructures, personnel, finances, and training facilities. Examples of this type are the al Qaeda terrorists who attacked the World Trade Center towers and the Pentagon in Loosely affiliated international radical extremists. Examples are the persons who bombed the World Trade Center in They do not represent a particular nation but may pose the most urgent threat to the United States because they remain relatively unknown to law enforcement agencies.

1. Traffic stops. Law enforcement lacks prior knowledge of the individual they are stopping; the officer may also be isolated and the extremist in a heightened state of suspicion or anger as a result of the stop. 2. Residence visits. Officers are on the extremists’ home turf, putting the police at a disadvantage. The visit may be routine, but the extremist may not view it as such, and the home may be armed and fortified. 3. Rallies/marches. The risk to police usually comes not from the group holding the event but from counter protestors, often anarchists who hate the police and who also believe the best way to confront the demonstrators is through physical violence.

 4. Confrontations/standoffs. All types of confrontations and standoffs can arise from the three above situations.  5. Revenge and retaliation. A terrorist may be motivated by personal benefit or revenge. For example, a terrorist attempts to blow up an Internal Revenue Service office because he was audited.  6. Incident responses. These responses can take many forms depending on the type of incident, ranging from activities of terrorists to acts of nature.

 National Incident Management System (NIMS), pages  USA Patriot Act: “The act dramatically expanded the federal government’s ability to investigate Americans without establishing probable cause for ‘intelligence purposes’ and to conduct searches if there are ‘reasonable grounds to believe there may be national security threats.’

 “an association of individuals who have a gang name and recognized symbols, a geographical territory, a regular meeting pattern, and an organized, continuous course of criminality.”  Pages  Gangs and SARA  Terrorism-Gangs-Drugs

 Thanks for attending and participating  Unit 7 Assignments; seminar, discussion, quiz, and Unit 7 Project  Need anything this week let me know  Have a good week  I will stay online to answer questions