Case Law discussion
Essay based on case studies and case law.
Over the last 5 decades, the general presumption was that if the society wished to change police behavior it could do so by case law decision. For example, Miranda v. Arizona was to squelch abusive police practices, and similar rulings from the U.S. Supreme Court dealt with warrants, arrest processes and definitions of probable cause. For the purposes of this essay, consider whether these case law rulings worked effectively? Assume their impact has not been as expected. Then, consider the power of civil liability. Would this be a more compelling deterrent? Why or why not? Put another way- how do civil remedies modify professional behavior? Could it be argued that civil actions directly confront officer behavior by personally penalizing the officer when compared to constitutional remedies.
As you weigh these policy problems, mention a civil action that might have power in controlling errant police or officer behavior.
