Civil versus Criminal Liability
Introduction
Criminal justice practitioners do have a civil liability that puts them at risk of being sued by the public. The purpose of civil liability is to encourage accountability and responsible in the field of criminal justice. For that reason, “local governments can now be held liable for the conduct of police officers and jail personnel. In addition, sheriffs, police chiefs, and mid- level supervisors can be held personally liable for the conduct of their subordinates” (Barrineau, 1987, p. 35). Criminal justice agencies can also be held criminally liable for their actions if their behaviors break the law. This paper will examine the difference between criminal and civil liability and show how each relates to criminal justice agencies and practitioners.
The Principles of Criminal Law
The rule of law principle is what binds all to the laws passed by government in the U.S. In order for a person or agency to be held to the rule of law, the law must be:
· Publicly promulgated
· Equally enforced
· Independently adjudicated
· And consistent with international human rights principles (U.S. Courts, 2018a).
There can be no discrimination in terms of who is held accountable to the law. Once a law is made known to the public, all are bound to it. However, the law must be applied to all and it must be enforced in an impartial, non-biased manner. The law must also conform to international norms. If these criteria are met, no agency or criminal justice practitioner can be considered above the law. The rule of law, one applied, embraces all people and agencies in the nation. Any violation of the rule of law can lead to a person or agency being held criminally liable and prosecuted by the state.
When it comes to prosecuting a criminal case, other principles of criminal law include: a) the presumption of innocence—i.e., that one is innocent until proven guilty; b) the burden of proof—i.e., the prosecution must supply the proof if making a charge of guilt; c) the right to remain silent—i.e., one does not have to answer questions during an interrogation; and d) the rule of double jeopardy—i.e., no one can be punished twice for the same crime (General Principles of Criminal Law, 2018). These principles must be observed in criminal...
References
Barrineau, H. E. (1987). Civil liability in criminal justice (pp. 35-53). Cincinnati, OH: Pilgrimage.
General Principles of Criminal Law. (2018). Retrieved from https://www.lawhandbook.sa.gov.au/ch12s02.php
Nolo. (2018). Civil liability. Retrieved from https://www.criminaldefenselawyer.com/resources/civil-liability.htm
Office of Justice Programs. (2018). Civil liability. Retrieved from https://www.ncjrs.gov/app/abstractdb/AbstractDBDetails.aspx?id=104921
Ross, D. (2009). Civil liability in criminal justice. Retrieved from https://www.sciencedirect.com/book/9781422461396/civil-liability-in-criminal-justice
U.S. Courts. (2018a). Overview—rule of law. Retrieved from http://www.uscourts.gov/educational-resources/educational-activities/overview-rule-law
U.S. Courts. (2018b). Civil cases. Retrieved from http://www.uscourts.gov/about-federal-courts/types-cases/civil-cases
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