1. Legal Issues Legal Issues in Probation and Parole And Community Based Corrections

2. Liability Can a law enforcement officer, an adult or juvenile PO, be sued for the performance of their duty?

3. Liability We live in increasingly litigious times. There are more lawsuits against government agencies and officials.

4. Liability What is the primary source of liability in CJ?

5. Background Hands-Off Policy With Respect To Prisoner Claims Because Prisoners Had Limited Rights Because Corrections Officials Presumed to “Know Best” 1960’s Erosion of Hands-Off Policy Due Process and Equal Protection Initiatives

6. Landmark Case Monroe vs. Pape

7. Immunity Some public officials have legal immunity for their actions. Judicial Officials Executive Officials Others Including POs

8. Immunity Judicial Officials (Judges and Prosecutors)

9. Immunity Executive Officials

10. Immunity Some Other People Quasi-Judicial Immunity

11. PO Liability Allegations

12. Constitutional Review First Amendment Freedom of Speech, Religion, Press, Assembly Fourth Amendment Prohibits Unreasonable Search and Seizure Sixth Amendment Right to Know Nature and Cause of Accusation Right to Confront Adverse Witnesses

13. Constitutional Review Eighth Amendment Prohibits Cruel and Unusual Punishment Fourteenth Amendment Right to Due Process

14. Jurisdiction Federal vs. State Jurisdiction Can both prosecute?

15. Recall Cases under Section 1983 are referred to as Civil Rights or Federal Tort Suits.

16. Section 1983 Suits Section 1983 suits have increased dramatically. Can seek damages from defendant Can be a Class Action Suit (Heard Collectively) Successful suits generally generic, not specific

17. Landmark Case Monnell vs. Department of Social Services

18. Defending Against Suits How does a public officer defend against suits?

19. Good Faith Defense The Good Faith Defense

20. Reasonableness The Reasonableness Test is crucial in determining applicability of the Good Faith Defense.

21. Reasonableness Test Examples Shoot or No Shoot Situation Due Process Requirements PO Knows Requirements Fails to Inform Offender of Alleged Violations Fourteenth Amendment Violation Section 1983 Title 42 USC Suit

22. Personal Liability There are two primary potential liability areas for POs.

23. Negligence Example:

24. Legal Representation Who defends a PO if he is sued?

25. Specific Court Rulings Presentence Reports

26. Specific Court Rulings Gratuitous Advice

27. Specific Court Rulings Special Conditions

28. Specific Court Rulings Communications

29. Specific Court Rulings Failure To Disclose

30. Specific Court Rulings Search and Seizure

31. Specific Court Rulings Miranda Warnings

32. Specific Court Rulings Revocation Due Process Requirements Due Process Requirements: -Notice of Hearing - Disclosure of Evidence - Confrontation and Cross Examination

33. Liability What happens when a law, rule or regulation imposes an duty where none existed?

34. Liability Liability Interest Examples – Agency Rule States PO Must Provide Job Placement Services – PO Does Not Do So Due To Caseload Size – Liability May Ensue To PO – Liability Probably Would Ensue To State