MIDTERM ESSAY ASSIGNMENT
Midterm Essay Assignment
Introduction
During the course of my research in human resources management in criminal justice
organizations, I investigated the potential results and related expenses of Section 1983 liability
claims arising from the violation of specific guaranteed civil rights. These lawsuits have the
potential to cause large financial losses as well as damage to the reputation of law enforcement
agencies and other criminal law institutions. To effectively manage and prevent these risks, a
skilled workforce with sufficient training in the field is necessary. I'll evaluate an article that
explains Section 1983 liability in detail and covers a number of subjects, such as legal expertise,
training, policy changes, and recommendations for fresh strategies for the CEO or other senior
roles in criminal justice organizations.
How Much Training Is Enough?
Both the number and quality of police training in the United States are deficient,
endangering the civil rights of American residents. Although change is thought to be essential to
defending fundamental rights, it is challenging given the way American policing is now set up
(Cornell Law School, 2019). It's important to strike a balance between comprehensiveness and
practicality when deciding how much civil rights training criminal justice groups should provide.
To make sure training is adequate and successful, there are several factors to take into
consideration. Organizations should, first and foremost, offer thorough introductory training.
Upon hiring, new hires should get comprehensive training on organizational policies, pertinent
laws (such as Section 1983), basic civil rights principles, and the repercussions of infractions.
Additionally, companies ought to use case studies and scenario-based learning from real-world
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situations to demonstrate possible civil rights concerns and suitable solutions. In addition,
organizations should hold refresher courses at least once a year to address new challenges,
inform employees on policy or regulatory changes, and reinforce existing knowledge (Ҥ 13.03.
Adequate Training for Agency Employees – Principles of the Law, Policing,” n.d.).
The question of "how much" training is sufficient cannot be answered in a general way.
Instead, concentrate on developing a strong, continuous training program that actively involves
staff members, is updated frequently, and is suited to certain jobs. Criminal justice organizations
can successfully reduce the danger of civil rights abuses and related Section 1983 liabilities by
placing a high priority on quality, relevance, and ongoing development. Law enforcement
officers who deal directly with the public may require more extensive training than
administrative staff (Kryshtanovych et al., 2022).
Do I Need an Attorney to Teach This to My Personnel?
When conducting training about Section 1983 liability issues, an attorney should serve as
the main instructor, because their legal knowledge guarantees that the material is correct, current,
and directly tied to the many legal subtleties of Section 1983 cases. An attorney’s legal
knowledge also aids in providing accurate and pertinent information on the legal issues of
Section 1983 accountability, which can help lower an organization's risk of liability
(Kryshtanovych et al., 2022).
How Often Should It Be Taught?
Lawsuits of state and municipal government officials for constitutional rights violations
under Section 1983 Liability, continue to be an issue. To guarantee that public servants and law
enforcement officials are informed of the legal requirements and potential risks associated with
these type of lawsuits, regular and repeating training sessions should be conducted. These regular
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training sessions ensure that employees are ready to handle any problems that may arise while
carrying out their duties and highlight the importance of compliance. To reinforce its content and
take into account modifications to the law, policy, technology, and methodology, training should
be repeated as needed. Throughout a person's career, training should continue. No one should be
able to use their police authority unless they have first fulfilled and are still meeting the minimal
training requirements for their role and responsibilities (Ҥ 13.03. Adequate Training for Agency
Employees – Principles of the Law, Policing,” n.d.). By adhering to the recommended training
frequency and methods, organizations can foster a culture of accountability and respect for
constitutional rights.
Should a Department Policy be Updated with each New Case?
Maintaining policies that guarantee adherence to constitutional standards is crucial for
departments handling Section 1983 liability. However, it is not required nor feasible to update
department policy for each new situation. Legal developments that may have an effect on the HR
policies of your company. They may originate from government websites, legal publications,
human resources groups, or even specialized warning systems, among other places. HR
departments stay current and compliant with these developments and publish legal alerts. Legal
alerts should be systematically incorporated into HR strategy, creating a procedure for how these
alerts result in policy evaluations, to ensure required revisions are implemented efficiently and
promptly (“How Often Should Be HR Policies Reviewed and Revised? Strategic HR
Management Guide,” 2024).
MIDTERM ESSAY ASSIGNMENT
What Policy Will You Recommend to Police, Your Corrections, Your State Police,
Your Sheriff, and Any Executive Role with which You Must Deal?
Based on the information gathered from my research, I would suggest that CEO’s or
other law enforcement officials in leadership positions implement a policy to ensure employees
receive thorough legal training on Section 1983 accountability. The reason I would suggest this
has to do with the fact that police officers and other law enforcement officials are constantly at
risk for civil lawsuits. State causes of action and federal lawsuits filed under 42 U.S.C. 1983, the
federal provision that forbids constitutional violations by parties acting under the "color of state
law," are examples of this. Whether or not their activities are authorized by the state and whether
or not they are "off-duty," these lawsuits can be filed against those who have violated the rights
of an individual while they are operating in an official position. Under 1983, government
agencies may also be held accountable if they employed an official policy or rule to produce a
constitutional breach (Transforming the System, 2015).
Conclusion
Following civil rights abuses that made national news, the American public has been
clamoring for police reform. The amount and nature of police training has been one area in
particular that has been closely examined. However, there are both legal and non-legal obstacles
in this sector that make it difficult for reform to occur. Even while the elements that contribute to
this atmosphere are many and appear to be deeply ingrained in our culture, modest or large
actions can be taken to support reforms in police training and, as a result, better safeguard the
civil rights of Americans.
The Bible teaches this about the civil rights movement, that it should never have been
necessary. Ensuring equitable rights and treatment for all was a noble and godly goal of the civil
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rights movement. Therefore, any action that went against this objective must be regarded as
unbiblical. The Bible prohibits treating anybody unfairly in addition to showing preference for a
particular group of people. The Bible says, "Whoever steals a man and sells him, and anyone
found in possession of him, shall be put to death” (English Standard Version Bible, 2001, Exodus
21:16).
MIDTERM ESSAY ASSIGNMENT
References
Cornell Law School. (2019). 42 U.S. Code § 1983 - Civil action for deprivation of rights.
Retrieved from LII / Legal Information Institute website:
https://www.law.cornell.edu/uscode/text/42/1983
How often should be HR policies reviewed and revised? Strategic HR Management Guide. HRM
Guide. (2024, January 15).
https://hrmguide.io/2024/01/hr-policies-review-revision/#:~:text=Due%20to%20their%2
0critical%20nature%20and%20the,can%20all%20trigger%20a%20need%20for%20updat
es.
https://www.bibleref.com/Exodus/21/Exodus-21-16.html
Kryshtanovych, M., Dragan, I., Chubinska, N., Arkhireiska, N., & Storozhev, R. (2022).
Personnel Security System in the Context of Public Administration. IJCSNS International
Journal of Computer Science and Network Security, 22(1), 248-254.
https://koreascience.kr/article/JAKO202213042378213.pdf
§ 13.03. Adequate Training for Agency Employees – Principles of the Law, Policing. (n.d.).
Retrieved from https://www.policingprinciples.org/chapter-13/13-03-adequate-training-
for-agency-employees/ website: https://www.policingprinciples.org/chapter-13/13-03-
adequate-training-for-agency-employees/
