Civil Liability Issues In Corrections
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| Author | : Darrell L. Ross |
| Publisher | : Routledge |
| Total Pages | : 508 |
| Release | : 2014-09-19 |
| Genre | : Law |
| ISBN | : 1317523997 |
Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.
| Author | : Victor E. Kappeler |
| Publisher | : |
| Total Pages | : 220 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : 9780881336931 |
This text indicates law, administrative practice, and police operations have become so intertwined that police administrators can no longer be effective without understanding the principles of civil liability. The text addresses the impact of judicial decisions on issues confronting police officers, such as use of force, high- risk drug enforcement operations, abandoning citizens in dangerous places, negligent operation of emergency vehicles, failure to arrest intoxicated drivers, negligence at accident scenes, and death and suicide in detention. Findings of police science research are incorporated into legal discussions to place the law in a context meaningful to police officers and executives. The text also covers the scope and impact of police civil liability, fundamentals of State tort law and Federal liability law, and shifting concepts of police civil liability and law enforcement. A list of cases is included.
| Author | : Margo Schlanger |
| Publisher | : West Academic Publishing |
| Total Pages | : 1071 |
| Release | : 2020-05-29 |
| Genre | : |
| ISBN | : 9781683287964 |
In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
| Author | : Darrell Lee Ross |
| Publisher | : |
| Total Pages | : 324 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : |
Annually, prisoners file more than 25,000 lawsuits against correctional personnel over a wide range of confinement issues. This book has been designed to keep personnel and students abreast of such litigation by addressing the varying topics, legal principles, and standards that have been developed by the United States Supreme Court. It provides an analysis of the civil liability issues that surface from confining detainees in jails and prisoners in adult institutions. Discussion of the trends in prisoner litigation for the past forty years is presented, combined with a legal analysis of the evolution of prisoners' rights and an examination of the impact of the Prison Litigation Reform Act of 1996. Ross also provides an assessment of the Federal Court system and a discussion of how Section 1983 lawsuits are litigated. Civil Liability Issues in Corrections reviews over 100 United States Supreme Court decisions and provides an assessment of numerous lower courts' decisions in applying the Court's standards in fifteen common prisoner litigation issues. Emerging themes are the use of force, cross-gender supervision, deaths in custody, medical/psychiatric care, and employee litigation against correctional managers; the book integrates case analysis and prior liability research in these correction content areas. Also included are an examination of line level officer and administrative liability responsibilities; a discussion on how to build a defense to future litigation; and a look at policy, training, and supervisory concerns.
| Author | : Alison Burke |
| Publisher | : |
| Total Pages | : |
| Release | : 2019 |
| Genre | : |
| ISBN | : 9781636350684 |
| Author | : Clair A. Cripe |
| Publisher | : Jones & Bartlett Learning |
| Total Pages | : 544 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780763725457 |
This book covers all facets of the legal environment of prison and jail administration in clear, non-technical fashion. Most of the book is devoted to a detailed presentation of what the law has said about specific areas of corrections operations and practices.
| Author | : Charles B. Fields |
| Publisher | : Prentice Hall |
| Total Pages | : 296 |
| Release | : 1999 |
| Genre | : Juvenile Nonfiction |
| ISBN | : |
Under what circumstances should juveniles be tried as adults? When is police force a warranted plan of action? How often is racial bias a factor in judging a suspect's culpability? How do officers assess an inmate's potential for rehabilitation? These are some of the most hotly debated questions in the field of corrections, often sparking discomfort and anger among those who wish to know more about these issues. Controversial Issues in Corrections attempts to provide factual information and a much-needed forum for discussion, utilizing a unique debate format to discuss controversial issues in the field of corrections. Topics addressed in this book were chosen with a conscious effort to include those that are the most controversial. Issues debated include the effect of shaming as an approach to punishment, the incarceration of pregnant women, the controversy of co-ed prisons, the increase of inmate lawsuits, and the execution of youthful murderers. The contributing authors, each solicited because of their expertise, come from a variety of backgrounds, academic disciplines and perspectives. Law enforcement officers, corrections officers, educators, students of law enforcement, and anyone interested in issues of criminal justice and the correctional process.
| Author | : Heather MacKay |
| Publisher | : |
| Total Pages | : |
| Release | : 2019 |
| Genre | : |
| ISBN | : 9780692955260 |
| Author | : Allison Frankel |
| Publisher | : |
| Total Pages | : 225 |
| Release | : 2020 |
| Genre | : Criminal justice, Administration of |
| ISBN | : |
"[The report] finds that supervision -– probation and parole -– drives high numbers of people, disproportionately those who are Black and brown, right back to jail or prison, while in large part failing to help them get needed services and resources. In states examined in the report, people are often incarcerated for violating the rules of their supervision or for low-level crimes, and receive disproportionate punishment following proceedings that fail to adequately protect their fair trial rights."--Publisher website.
| Author | : Committee on Ethical Considerations for Revisions to DHHS Regulations for Protection of Prisoners Involved in Research |
| Publisher | : National Academies Press |
| Total Pages | : 284 |
| Release | : 2007-01-22 |
| Genre | : Political Science |
| ISBN | : 0309164605 |
In the past 30 years, the population of prisoners in the United States has expanded almost 5-fold, correctional facilities are increasingly overcrowded, and more of the country's disadvantaged populations—racial minorities, women, people with mental illness, and people with communicable diseases such as HIV/AIDS, hepatitis C, and tuberculosis—are under correctional supervision. Because prisoners face restrictions on liberty and autonomy, have limited privacy, and often receive inadequate health care, they require specific protections when involved in research, particularly in today's correctional settings. Given these issues, the Department of Health and Human Services' Office for Human Research Protections commissioned the Institute of Medicine to review the ethical considerations regarding research involving prisoners. The resulting analysis contained in this book, Ethical Considerations for Research Involving Prisoners, emphasizes five broad actions to provide prisoners involved in research with critically important protections: • expand the definition of "prisoner"; • ensure universally and consistently applied standards of protection; • shift from a category-based to a risk-benefit approach to research review; • update the ethical framework to include collaborative responsibility; and • enhance systematic oversight of research involving prisoners.
