Introduction to Corrections Flashcards
Corrections (62 cards)
Qualified Immunity
protects the officer from personal liability. Agencies pay up to 200,000 in compensatory damages
Civil Rights Violation
UNLAWFUL interference within the fundamental rights of another person (DUE PROCESS/EQUAL PROTECTION UNDER THE LAW)
Sovereign Immunity
Protects individual officers and agency employees from personal liability from defendants in state civil lawsuits.
Acts Done in Good Faith
Officers remain FAITHFUL to their duties and honest to avoid taking undue advantages of others. (NO MALICE, ILL, WIll, INTENT TO UNJUSTLY HARM ANYONE)
Acts Within the Scope of Employment
Reasonable and foreseeable activities an officer does while carrying out the agency’s business.
Objective Reasonableness
Was the action reasonable and necessary? Was the amount of force applied reasonable and necessary?
Testimonial
VERBAL evidence from the victim, witness, or suspect.
Acts Done in A Reasonable Manner
Acting professionally within law and agency policies and procedures. First aid is knowing what level of force is needed given the situation.
Negligence
FAILURE to use due or reasonable care. The officer has a duty to act; results in harm to another.
Chapters 944 and 766 Florida Statute are
GOVERN all use of force by a CORRECTIONAL OFFICER.
Reasonable Force
Type of force an officer reasonably believes to be necessary to overcome resistance.
Civil Liability
Responsible for a wrongful act or failure to do an act.
Graham v. Conner.
The U.S. Supreme Court held that law enforcement use of force cases are to be judged by objective reasonableness. (4th amendment).
Acts Justified Under the Law
Case law or statutory law provides a defense for an officer’s actions. Seemingly offensive, but officer actions justified under the law.
Direct
PROVES a fact without interference or assumption. (DNA SAMPLES, or STABBING).
Florida Statute 943.10
The officer fails to document a use of force.
Emergency Doctrine
An officer is not required to use the same degree of care as when there is time to reflect.
Liability
Allow officers to stay up to date on practices and awareness of changes in the legal practice guidelines.
Compensatory Damages
When a victim is physically injured or suffers a property loss, they shall be PAID for the actual loss.
Circumstantial or Indirect
Inference, not personal knowledge through observation, tends to be true.
Hudson v. McMillian
Determines reasonableness of use-of-force situations in correctional settings.
Criminal Liability
The officer is FOUND guilty of committing a crime.
Physical
Material objects such as weapons, drugs, and MONEY.
Documentary
Printed or written evidence such as call logs, written property receipts, letters, or recordings.