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CJE1300 - Chapter 12: Civil Liability and Accountability Resource: Policing Today by Frank Schmalleger, 2010

What is conjunctive relief?

A court order to bring injurious or offensive action to a halt

What is sovereign immunity?

Defense that shields states and state officials who are acting in their official capacities from being sued in federal court

What term describes the condition that exists when an individual acts in an official government capacity and with the appearance of legal power?

Color of the law

What is qualified immunity?

Defense that shields a police officer who has acted in an objectively reasonable fashion as long as he or she did not violate clearly established rights that a reasonable person would have known

What type of tort gives an important avenue of redress for plaintiffs whose minor injuries, allegedly resulting from negligent acts or misconduct by the police, are not serious enough to make a Section 1983 liability claim?

State tort

Which defense strategy provides that if a plaintiff voluntarily engaged in a dangerous activity that led to his or her injury, then the police officer should not be held liable.

Assumption of risk

Which civilian model uses a group of citizens to investigate complaints against police, adjudicate the complaints, and recommend a punishment?

Civilian review

What type of tort claims liability against an action that is highly likely to cause injury or damage?

Intentional tort

Which group of complainants is most likely to have their complaint sustained?

White complainants

What is a critique of citizen oversight?

Most citizen oversight programs only provide for disciplinary recommendations, not punitive power

What is one potential benefit associated with accreditation?

Lower insurance premiums

Which of the following is a subject addressed by CALEA standards?

All of the above;
-Organization, management, and administration
-Prisoner and court-related activities
-Operational support

Which of the following provides that evidence obtained in violation of the U.S. Constitution cannot be admitted in a criminal trial to prove guilt?

Exclusionary rule

What is one argument in favor of the Exclusionary rule?

The rule is rarely applied

What statute holds officers criminally liable for misconduct?

18 U.S.C.A. Section 242

When officers break the law in order to protect the innocent, or to prevent some greater harm, then they can claim the ________ defense.

Public duty

Which of the following is NOT a function of the Internal Affairs division?

Render a judgment during a trial board to the Chief of Police

What is the model for a trial board?

Military court-martial

Which of the following is NOT a recommended course of action at the conclusion of a trial board?

None of the above

Which of the following factors are included in a popular version of a police officers' bill of rights?

Ban use of polygraphs and alcohol-detection devices on officers

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