StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Police excessive force and the qualified immunity defense - Essay Example

Cite this document
Summary
The qualified immunity defense had been enacted to ensure that people in the position of authority would be able to ensure that they would not be held liable for use of excessive force within the boundaries of performing their job. It is also important to understand that this is not a "blanket" immunity clause that will supersede a person's Constitutional Rights and Civil Liberties that have protected the average citizen throughout history…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.8% of users find it useful
Police excessive force and the qualified immunity defense
Read Text Preview

Extract of sample "Police excessive force and the qualified immunity defense"

Download file to see previous pages

A Qualified Immunity defense is defined under 42 U.S.C. 1983 provides, "in pertinent part, that '[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State , subjects, or causes to be subjected, any citizen to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured" (CFIF, 2002). In many cases, the stopping of a person while in a vehicle or on the street has proven that many times there is no fourth amendment violation as the police may make a traffic stop or stop a pedestrian based on probable cause in the event of information received therein.

In the case of United States v. Escalante, 239 F.3d 678 (5th Cir. 2001) "the court said, that although the traffic stop, even if pretextual, does not violate the Fourth Amendment if any officer making the stop has probable cause to believe that a traffic violation has occurred." (Legal Enforcement Legal Review, 2001). By having these traffic stops in the first place is a contentious issue based on the fact perhaps not all traffic stops are based on probable cause, but, rather on racial profiling.

The searches of vehicles after the fact should be ruled constitutionally invalid and judgement in favor of the plaintiff. But, many officers use the qualified immunity defense to protect their interests and their integrity by abstaining from legal subjectivity in pending litigation.The purpose of many officials using the Qualified Immunity defense is fully justified in cases where police stop an average, law-abiding citizen based on their racial profile or for what the police identify as probable cause.

When the police use excessive force in further detaining an individual that is not under suspicion of any activity, this is clearly a violation of their Fourth Amendment rights. Once a court case is filed, the officer will then decry qualified immunity based on their assessment that force was needed due to suspected violation of their Constitutional rights.The purpose of this paper is to discuss cases relative to the claims of Qualified Immunity defense and if similar cases of excessive police force justify how the issue pertains to current criminal justice events and why the issue is important to consider.

Discussion will also take form of the present status of this issue before the courts and/or other law-making bodies, a presentation of both sides of the issue presenting a pro/con or for/against discussion, an analysis of the issues and a proposal to bring forth this issue and recommendations for implementation.Present Case Status of this Issue before the CourtsSince the September 11th attacks, there have been more prevalent instances of police and law enforcement

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Police excessive force and the qualified immunity defense Essay”, n.d.)
Police excessive force and the qualified immunity defense Essay. Retrieved from https://studentshare.org/miscellaneous/1510785-police-excessive-force-and-the-qualified-immunity-defense
(Police Excessive Force and the Qualified Immunity Defense Essay)
Police Excessive Force and the Qualified Immunity Defense Essay. https://studentshare.org/miscellaneous/1510785-police-excessive-force-and-the-qualified-immunity-defense.
“Police Excessive Force and the Qualified Immunity Defense Essay”, n.d. https://studentshare.org/miscellaneous/1510785-police-excessive-force-and-the-qualified-immunity-defense.
  • Cited: 0 times

CHECK THESE SAMPLES OF Police excessive force and the qualified immunity defense

Civil Liability and Private Police

Johnson (2005) averred that “the growth of private policing can be understood as the natural product of three private functions: self-defense, the free market… nd economic exchange, and the enjoyment of property, including the right of owners to place conditions on people who are invited onto their property”.... This means that more and more security officers become qualified and certified to take actions against employees who have violated some policies and procedures of the organizations of which they all are part of....
5 Pages (1250 words) Essay

Foreign policies of the European Union regarding military operations

EU has entered into partnership agreements with states that were part and parcel of the erstwhile Soviet Union like Moldova, Georgia and the Ukraine.... The foundation of EU's competitiveness is relying on a fair and an open international trading… EU's competitiveness will suffer when anti-competitive practices of its member states which undermine or distort its common trade policy. EU's main objective is to have a minimum tariff where nations at identical levels of growth have identical tariff contours....
12 Pages (3000 words) Essay

Are States the Worst Perpetrators of Terror

This has made it difficult to define what state crime is.... There are a number of factors that facilitate the absence of state crime in criminology.... The definition of crime by… State crime is given several descriptions such as delinquency, governmental crime, lawlessness, illegality, misconduct, official deviance, human rights violation, and crimes State crime is treated as a response or a consequence to the incidence of threats to national security, insurgent violence or a phenomenon that is endemic to the transitional and the third world countries (Ross 2000, p3)....
12 Pages (3000 words) Essay

See Order Instructions

Some of their decisions have been misconstrued as misconduct and a good example is the use of excessive force.... Some of their decisions have been misconstrued as misconduct and a good example is the use of excessive force.... police officers face a wide range of options, especially when confronted by dangerous situations.... hellip; Everyday police officers face different challenges and experiences that expect them to make decisions on how to handle the situation individually without involving additional advice or immediate supervision, and this is the heart of police discretion....
8 Pages (2000 words) Research Paper

Is the Use of Nuclear Weapons Prohibited by International Humanitarian Law

The author concludes that humanitarian law provides the balance between observance of interests of the state security and the rights of separate citizens during a confrontation.... During such time it serves as a stronghold of humanitarian safety if it is observed there where it can be applied … Achievement of the purposes of nuclear non-distribution is not promoted at all by a position of nuclear powers which still insist that this weapon in their hands strengthens safety, and in hands of others creates a threat for an international peace....
20 Pages (5000 words) Essay

Why Finland and Sweden Have Not Sought Full Membership of NATO

hellip; Some European countries and the United States formed NATO on 4th April 1947 to provide security in the North Atlantic area, which was to be achieved through military and defense means.... ) claim that they changed their national security, defense, and foreign policies after the end of the cold war in the early 1990s, in response to changes in their environment.... Consequently, CFSP was established under the 1991-1992 Maastricht Treaty while Common Security defense Policy (CSDP) was established in 1999-2000 (Grieco 1995, p....
12 Pages (3000 words) Essay

Narcissism in Government Policies and How It as a Diagnosis can Affect Society

This coursework "Narcissism in Government Policies and How It as a Diagnosis can Affect Society" describes the diagnosis of narcissism in politics, the main causes of it, the most famous forms of it.... hellip; Narcissism is almost everywhere, in the workplace, in politics, in families, in the media and can be demonstrated by any individuals, which makes it part of human lives....
12 Pages (3000 words) Coursework

Role of Regional Assistance Mission in the Solomon Islands

Research shows that more than thirty-five New Zealand police officers and 200 New Zealand defense Force personnel gave their services on this island.... In general, more than seven hundred New Zealand defense Force personnel have given their services in RAMSI.... All the fifteen countries of the Pacific islands contributed qualified personnel to RAMSI.... nbsp;RAMSI is an intervention force that is Australian led.... nbsp;RAMSI is an intervention force that is Australian led....
15 Pages (3750 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us