Doctrines of duty of care

Criminal justice personnel performs duties that expose them to liability. Note that all people are constitutionally equal and police officers may also face civil litigation since they are under the law. Under the U.S constitution, the Bill of Rights provides the citizens with rights and freedoms. As the law enforcement officers violate the doctrine of duty of care such as misuse of authority, false arrest, malicious prosecution, and deprivation of constitutional rights, they face legal actions (Dempsey & Forst, 2010). Focusing on the doctrines of duty of care, the law enforcement officers have the obligation to protect the public from foreseeable risks. When police officers are aware that the public is in imminent danger, it is a job-related duty and morally justification to rescue and promote public safety (Dempsey & Forst, 2010). However, when police fail to protect the public from harm, they are held accountable and face civil liability under the Civil Rights Law. According to the law, the accuser should provide evidence such as the records, and witnesses to prove the police misconduct.

 Focusing on vehicle pursuits, police officers have an obligation to serve the public and enforce laws. However, police officers can face liability when they are involved in a vehicle pursuit.  Note that vehicle pursuit is dangerous and can cause harm to everyone involved including passengers and bystanders (Green, 2007). During a vehicle pursuit, police officers are liable due to negligence torts- injuring the pedestrians, intentional torts- assaults and battery, and constitutional torts- failure to give the driver legal counsel. The Court states that police officer should use other alternatives such as flashers and sirens and other traffic control devices to avoid the liability (Green, 2007).  In vehicle pursuit, the citizens can file a lawsuit against the police misconduct and claim for financial return.

 

 

 

References

 

Dempsey, J. S., & Forst, L. S. (2010). An introduction to policing. Cengage Learning,

 

 Green R. Jack. (2007). The Encyclopedia of Police Science. Taylor & Francis