Criminal Procedure Assignment 2: Bivens and You In this module, you are required to read the article on Bivens from Journal of Police and Criminal Psychology. The purpose of this article is to understand that a law enforcement officer is not immune from civil lawsuits.

Select the two professionals you will use with expertise on the topic you selected. Your professionals’ identity may be based on a real person that you know, or they may be made-up based on the job description of a professional in the field. The titles of your professionals should represent actual jobs (based on job descriptions) from categories in two different areas of mental health (e.g., psychiatry and psychology, social work and counseling).
October 1, 2018
MANAGED CARE AND ACCOUNTABLE CARE ORGANIZATIONS
October 1, 2018

Criminal Procedure

Assignment 2: Bivens and You

In this module, you are required to read the article on Bivens from Journal of Police and Criminal Psychology. The purpose of this article is to understand that a law enforcement officer is not immune from civil lawsuits.

Where once police and law enforcement agencies thought themselves immune, civil lawsuits against law enforcement officers are quite common nowadays. These lawsuits are based on whether the law enforcement officers correctly followed the guidelines meant to protect the citizens, guaranteed by the Constitution.

The purpose behind Bivens is to some extent protect private citizens from police misconduct. The other side of the coin is that if we so circumscribe the actions of officers, citizens may not be protected from the criminal acts of others. The point of the assignment is for you to begin to recognize this balancing act.

Suggested Links:

·         http://supreme.justia.com/cases/federal/us/403/388/case.html

·         http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1188&context=facultyworkingpapers

What You Are Required to Do . . .

Research on the Internet or the Argosy University Online Library and find some cases where officers have been sued in civil court for failing to follow the guidelines meant to protect the citizens from police misconduct.

 

·         Describe a lawsuit, the issues involved in the trial, and the verdict. Do you think public safety in terms of the safety of the public was improved? Why or why not?

·         As a law enforcement officer, what would your reaction be to being sued by a suspect in a case? How do you think that lawsuit would impact your personal life? How would you handle the pressure of being accused of violating the Constitution?

·         Do you think you might change the way you would act as a law enforcement official if you were aware that you could be sued by a suspect you apprehended? In what way would it impact your duties as a law enforcement official?

 
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