Solutions for Criminal Procedure, Law and Practice, 11th Edition by Carmen (All Chapters included)
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Criminal Procedure, Law and Practice 11e Carmen
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Criminal Procedure, Law And Practice 11e Carmen
Complete Solutions Manual for Criminal Procedure, Law and Practice, 11th Edition by Rolando V. del Carmen, Craig Hemmens ; ISBN13: 9780357763636....(Full Chapters are included and organized in reverse order from Chapter 14 to 1)...1. The Court System, Sources of Rights, and Fundamental Principles.
...
Criminal Procedure, Law and
Practice, 11th Edition by
Rolando V. del Carmen
Complete Chapter Solutions Manual
are included (Ch 1 to 14)
** Immediate Download
** Swift Response
** All Chapters included
,Table of Contents are given below
1. The Court System, Sources of Rights, and Fundamental Principles.
2. Overview of the Criminal Justice Process.
3. Probable Cause and Reasonable Suspicion.
4. The Exclusionary Rule.
5. Stop and Frisk and Stationhouse Detention.
6. Arrests and Use of Force.
7. Searches and Seizures of Things.
8. Motor Vehicle Stops, Searches, and Inventories.
9. Plain View, Open Fields, Abandonment, and Border Searches.
10. Lineups and Other Means of Pretrial Identification.
11. Confessions and Admissions: Miranda v. Arizona.
12. Basic Constitutional Rights of the Accused during Trial.
13. Sentencing, the Death Penalty, and Other Forms of Punishment.
14. Legal Liabilities of Law Enforcement Officers.
,Solutions Manual organized in reverse order, with the last chapter displayed first, to ensure
that all chapters are included in this document. (Complete Chapters included Ch14-1)
Solution and Answer Guide
Rolando V. del Carmen, Craig Hemmens, Criminal Procedure Law and Practice, 11e, Core
ISBN; 9780357763636; Chapter 14: Legal Liabilities of Law Enforcement Officers
TABLE OF CONTENTS
Review Questions Solutions ...............................................................................................................2
Test Your Understanding Solutions .....................................................................................................7
1
, REVIEW QUESTIONS SOLUTIONS
1. Give an overview of the types of legal liabilities to which police officers may be exposed in
connectionwith their work.
ANSWER: Police legal liability cases can be divided into liabilities under federal law and
liabilities under state law. Each of these two categories can be further sub-classified into
civil liability, criminal liability, and administrative liability. Although various legal remedies
are available, plaintiffs usually sue for civil liabilities under federal or state tort law. The
discussion in this chapter therefore focuses on these two types of liability:
• Civil liability under federal law (Section 1983 cases)
• Civil liability under state tort law
2. What two elements are needed for civil cases under Section 1983 to succeed? Explain
what each means.
ANSWER: For a Section 1983 lawsuit to succeed, plaintiff must prove both of the following
elements:
• The defendant was acting under color of law.
• There was a violation of a right given by the Constitution or by federal law.
Unless both of these elements are proved by the plaintiff, the liability lawsuit fails. The
phrase “acting under color of law” refers to the use of power possessed by virtue of law and
made possible only because the officer is clothed with the authority of the state. Courts
have interpreted color of law broadly to include state laws, local ordinances, and
agency regulations. It does not simply refer to laws passed by legislative bodies. The
second element a plaintiff must prove in a Section 1983 case is that the right violated is a
constitutional right or a right given by federal law. Violations of rights given by state law
only cannot lead to liability under Section1983. It is not difficult for a plaintiff to sue
under Section 1983 based on an alleged violation of a constitutional right by the police.
This is because the rights given in the Bill of Rights and the other constitutional
amendments are elastic and may accommodate many alleged violations.
2
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