Midterm Essay
Edna Rodriguez
Liberty University
CJUS 530
David Ojo
Abstract
The Constitution serves as both the cornerstone and the ultimate law governing all citizens of the
United States. Police Officers swear an oath to preserve, support, and defend the Constitution,
making them visible defenders of the constitution. Officers are required to swear and protect and
preserve the Constitution while carrying out their regular responsibilities. Officers must be aware
of and comprehend how the Constitution relates to their professional responsibilities in order to
protect and defend it. Officers who are aware of their constitutional bounderies are better able to
preserve, support, and defend the Constitution. Agencies are required to guarantee that their
sworn officers receive training of the Civil Rights Act of 1871, 42 U.S.C 1983. The laws, rules,
policies, and procedures that control their work must be understood by law enforcement
executives. Officer’s decisions are closely examined, so its easier to make snap decisions when
there's a strong constitutional basis. When officers perform poorly, they are held accountable and
may face legal action from both their agency and themselves. Agencies are required to make
sure sworn officers are properly trained in constitutional policing and upholding citizens civil
liberties in order to try to prevent needless lawsuits.
Section 1983 Liability
Police Officers frequently make snap decisions that might not always adhere to the rules
specified by statutes and agency policy. The agency and the officer are frequently held civilly
liable for decisions that do not comply with the statutes. There is a specific liability regarding
enforcement and violation of the Civil Rights Act of 1871, 42 U.S.C 1983, as a results of the
officer’s poor decision making. By upholding the Fourteenth Amendment and safeguarding
individual civil rights, the Civil Rights Act of 1871, 42 U.S.C 1983, provides protection for
every American. As a part of the Ku Klux Klan Act of April 20, 1871, Congress passed the Civil
Rights Act of 1871, 42 U.S.C 1983. “The Civl Rights Act of 1871” is another name for the Act
(Liability Under Section 1983, 2003). The Bill’s supporters argued that states should not have
been provided with a mechanism by which members of the public could seek damages for
constitutional rights breaches. Advocates believed that federal legislation from the federal
government was the only way they would be compensated and their rights would not be
infringed upon.
If a police officer violates an individuals rights guranteed by the US Constitution, the Civil
Rights Act of 1871, 42 U.S.C 1983, protects that person’s rights. The Supreme Court’s decision
guranteed that law enforcement officials would not violate the Civil Rights Act of 1871, 42
U.S.C 1983, in the future. Making sure all sworn officers complete the required training is the
main responsibility of law enforcement executives. Executives will ensure that all sworn officers
complete the training and retraining needed to become certified law enforcement officers, as
stipulated by each state.
Necessary Amount of Training
It is impossible for law enforcement executives to provide their officers with adequate training
on their duties and the defense of citizen’s rights. In order for law enforcement officers to carry
out thier duties as police officers, executives must make sure they obtain the appropriate training,
certification, and recertification. “Administrators may be held liable if inadequate or improper
training causes injury or violates a citizen’s constitutional rights” (McNamara, 2006, p. 1).
Ensuring compliance with all statutes, laws, policies, rules, regulations, and requirements of an
officer’s performance is the goal of training. Executives in law enforcement are in charge of
determining and assessing their officer’s training needs. Executives can look into their training
staff for recommendations on creating new training initiatives or enhancing current ones.
Basic Training
Law enforcement agencies require applicants who are approved for employment to complete a
basic police officer training program, which varies depending on the state and agency. Basic
training is regarded by some organizations as an employment offer with conditions. The
conditional appointment may be granted for the duration of the training and will end when the
basic training has been successfully completed. After successfully completing basic training,
agencies may additionally include a 12-month probationary period to make sure all new officers
fulfill all training requirements. Before performing any of these tasks, an officer must have
finished all necessary training in all areas of their responsibilities. Inaction on the part of the
municipality could result in civil liability and be disastrous (McNamara, 2006, para.2). Guidlines
ensuring probationary officers to not act as law enforcement officers on their own until after
completing post-basic course field training under a certified field training officer may be
established by agencies.
States have the authority to impose minimum training requirements that serve as the basis for the
fundamental police officer training program. Students are assessed using methods intended to
gauge their proficiency in the necessary knowledge, skills, and abilities of a police officer during
basic training. In accordance with the requirements set forth by their state for certification as a
police officer, agencies may determine the passing scores for examinitaions taken during basic
training. Certain organizations have testing policies that require a passing grade on all exams
given during basic training; noncompliance with the policies could lead to termination.
The curriculum for law enforcement basic training may include, but is not limited to, the
following courses: firearms, crisis, intervention, de-escalation techniques, defensive tactics,
motor vehicle code, criminal investigation, and laws of arrest. In order to demonstrate
proficiency in accordance with agency’s mandates, this training may be given in a classroom or
ina practical setting. The basic police academy stresses law and discipline, but McNamara (2006)
states that “the court also made it clear that such training alone is not enough” (para. 1).
Agencies provide their sworn officers with in-service continuing education because basic
training alone is insufficient to keep them proficient and current with law enforcement
knowledge.
In-Service Training
Knowledge regarding the responsibilities of a police officer is reinforced through
in-service training. Agencies use a variety of in-service training programs to make sure
staff members are prepared for their role and to advance their knowledge, expertise, and
skills. Sworn officers are required by agencies to participate in in-service training, which
typically takes place once a year or twice a year. The following courses can be included
in in-service training, but are not restricted to it: defensive tactics, driving, firearms,
officer survival, critical incident management, and legal updates. In order to measure
student knowledge, evaluate the efficacy of courses, and encourage student retention,
agencies employ both written and practical exams. At the end of each required in-service
training session or class, sworn personnel may be put to the test. “Departmental training
policies should be reviewed to ensure conformance with current constitutional standards,
and training practices should not be allowed to fall below minimum standards”
(McNamara, 2006, p. 18). Supervisors can determine what additional training is needed
outside of in-service training, such as on current officer safety, changes to procedures or
policies, or recently passed or amended laws that affect how employees perform their
jobs. It is crucial that agencies maintain accurate records detailing every training session
their sworn officers take part in.
Recommendations
Law enforcement executives are strongly advised to make sure that all sworn law
enforcement officers receive the appropriate training and retraining in order to prevent
violations of 42 U.S.C 1983, the Civil Rights Act of 1871. Executives in charge of law
enforcement should create goals and objectives for the training of all sworn officers.
Written policies governing sworn officers must specify these aims and objectives.
Executives have the authority to amend policies as new criminal justice system laws and
case laws are developed, if they see fit. Officers who are sworn in need to be informed of
any updates that may affect thier training because these updates may affect their
particular job duties. Lesson plans must contain the following during employee training;
goals, student learning objectives, student deliverables, references, resources, a thorough
description of the course material, any necessary instructional aids and information about
any upcoming tests. The approval procedure for lesson plans, which includes an annual
assessment of the content, must be outlined in written instructions . Enough evidence
must be included in these records to guarantee that have fulfilled all performance goals.
“It is also the responsibility of the agency to maintian records of all in-service training,
including when training was held, which officers attended, which topics were covered
and who provided the training” (McNamara, 2006, p.20). In compliance with agency
policy, all training and retraining records must be kept in the proper files.
All sworn officers should receive instruction from the proper individuals during initial
and ongoing training. An attorney is not required to provide this instruction, but all
teachers must fulfill the minimal standards set by their state and organization. Biannual
instructor re-certification training sessions are required of all instructors in order to keep
their subject-matter knowledge up to date. Subject matter experts in the subject matter
they are teaching are required of instructors. In order to make sure that students meet the
student deliverables, instructors must address the objectives and goals in the lesson plan.
By implementing these suggestions, oversight and accountability for ensuring that
students receive the right instruction will be improved.
Conclusion
It is the responsibility of law enforcement executives to ensure that officers are properly
trained throughout thier careers. Knowing the Civil Rights Act of 1871, 42 U.S.C 1983,
is crucial for agencies mission and vision statements. By doing their jobs well, police
officers contribute to the agencies mission and vision statements being carried out. It is
the responsibility of agencies to ensure that officers receive the appropriate training for
their job duties and requirements. According to Numbers 30:2, “if a man vow a vow onto
the Lord, or swear an oath to bind his soul, with bond; he shall not break his word, he
shall do according to all the proceedeth out of his mouth” (King King James Version).
Officers are bound by the oath they took to defend the rights guaranteed by the US
Constitution to every citizen.
References
Liability Under Section 1983. (2003). Retrived from
https://www.ocde.us/LegalService/Documents/LIABILITY_UNDER_SECTION_1982_wcopyri
ght.pdf
McNamara, M. (2006). Legal corner: Departmental liability for failure-to-train. Retrieved from
https://www.policeone.com/legal/articles/1665005-Legal-Corner-Departmental-Liability-for-
Failure-to-Train/
