¶ … consent decrees' deal with the issue of police accountability.
Origin of Consent Decree
Consent decrees refer to settlements contained within court orders. Courts ordain the injunctive relief remedy against the accused and consent to maintain their jurisdiction over a case, for ensuring the party/parties follow the settlement.
Injunctive relief represents a court-imposed remedy wherein one of the parties in the case is directed to do something, or refrain from doing it. Disobeying the order might make the court pronounce the given party as being in contempt, leading to the imposition of other penalties.
Complainants in court cases normally prefer the option of consent decrees, as these agreements have the court's power backing them. Further, an accused, wary of publicity, will also usually prefer this sort of agreement, since it limits exposure of details that are injurious to him/her (Consent decree legal definition of consent decree). On the other hand, those who oppose the consent decree option contend that a federal district court can assert unwarranted power over defendants through these agreements. Furthermore, they claim that the federal courts also impose certain conditions on local and state governments in cases falling under the "civil rights" category, which usurp state power.
A majority of civil cases will typically be settled prior to the trial phase, with most settlements being out-of-court agreements among the two parties. Normally, complainants file motions dismissing the case they filed after signing of the settlement. Subsequently, the court will issue an order for...
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