Question 1

The risk of vexatious litigation interfering with their official duties supports giving prosecutors absolute immunity for their decisions associated with the judicial phase of the criminal process.

Accepted Answer

Absolute immunity protects prosecutors from being sued for actions taken within the scope of their duties, including decisions made during the judicial phase of a criminal case. This is intended to prevent the threat of lawsuits from interfering with their ability to perform their job duties.

Question 2

Under certain circumstances, law enforcement officers have a total immunity defense that protects them from being held personally liable for violating someone's rights.

Accepted Answer

The answer of Under certain circumstances, law enforcement officers have...

Question 3

State and local governments are responsible for the torts of their employees, if the torts are committed during the employees' employment, under the _____________.

Accepted Answer

The answer of State and local governments are responsible for...

Question 4

Under the doctrine of sovereign immunity, governments are always immune from lawsuit.

Accepted Answer

While governments have historically enjoyed broad immunity from lawsuits, the doctrine of sovereign immunity has been significantly narrowed by legislation and court decisions. Many governments now have waived or limited their immunity, and certain types of lawsuits, such as those involving constitutional rights violations or injuries caused by government employees, may still proceed.

Question 5

The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights.

Accepted Answer

The government's primary constitutional duty is to protect individuals from actions by the government itself that would violate their rights, not to protect individuals from private parties. Protection from private individuals is typically addressed through laws and the legal system rather than constitutional obligations directly imposed on government officers.

Question 6

Under the doctrine of respondeat superior, state and local governments and their agencies are liable for their employees' torts if the employee committed the tort during the course of their employment.

Accepted Answer

This is correct. Respondeat superior is a legal doctrine that holds employers responsible for the actions of their employees while they are performing job-related tasks. This means that state and local governments and their agencies can be held liable for their employees' torts if they were committed within the scope of their employment.

Question 7

The Supreme Court decided in Monell v. New York City Department of Social Services (1978) that cites and other local governments are considered "persons" and can be sued under section 1983.

Accepted Answer

The Supreme Court in Monell v. New York City Department of Social Services (1978) ruled that local governments are "persons" under Section 1983 and can be sued for constitutional violations resulting from their official policies or customs.

Question 8

Officers who violate the constitutional rights of private individuals commit a/n _________.

Accepted Answer

The answer of Officers who violate the constitutional rights of...

Question 9

A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.

Accepted Answer

The answer of A prosecutor's appearance in court in support...

Question 10

Suits under the Civil Rights Act are commonly called _____________________.

Accepted Answer

The answer of Suits under the Civil Rights Act are...

Question 11

A person who brings a suit against the government asking for a remedy is called ______.

Accepted Answer

The answer of A person who brings a suit against...

Question 12

When individual government employees are immune for their actions, criminal justice agencies can likewise escape liability under ____________________________.

Accepted Answer

The answer of When individual government employees are immune for...

Question 13

Most police believe internal affairs unit are necessary.

Accepted Answer

Most police officers believe that internal affairs units are necessary to maintain accountability and integrity within the department.

Question 14

Under the state-created danger exception to the no-duty-to-protect rule, a law enforcement officer can be held liable under section 1983 if his actions created a special danger to the general public.

Accepted Answer

The answer of Under the state-created danger exception to the...

Question 15

Review of complaints against police officers by participants who themselves aren't police officers is called _______________.

Accepted Answer

The answer of Review of complaints against police officers by...

Question 16

Criminal justice personnel are limited for liability for their torts under the ____________.

Accepted Answer

The answer of Criminal justice personnel are limited for liability...

Question 17

Lawsuits may be brought against the federal government for federal officials' constitutional torts pursuant to the _______________________.

Accepted Answer

The answer of Lawsuits may be brought against the federal...

Question 18

Lawsuits against individual federal law enforcement officers for a constitutional violation are called ____________.

Accepted Answer

The answer of Lawsuits against individual federal law enforcement officers...

Question 19

Money awarded to compensate someone for a violation of their rights is called ________.

Accepted Answer

The answer of Money awarded to compensate someone for a...

Question 20

In order to win a Section 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit.

Accepted Answer

Section 1983 of the Civil Rights Act allows individuals to sue state actors, including police officers, for violating their constitutional rights. In order to bring a successful lawsuit under Section 1983, the plaintiff must demonstrate that the officer was acting under color of state law when the alleged misconduct occurred. This means that the officer was acting in his or her official capacity as a state actor and not as a private citizen.

Quiz 11: Confessions and Admissions: Miranda V Arizona