Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
804 2 |
Ultima descărcare din IBN: 2018-04-07 20:27 |
Căutarea după subiecte similare conform CZU |
347.9 (1031) |
Procedură legală. Personal judiciar şi organizare judiciară (946) |
SM ISO690:2012 STRICKLAN, Jesse. Evaluating the usefulness of civil suits as a judicial remedy for systemic police misconduct in the United States. In: Revista Institutului Naţional al Justiţiei, 2017, nr. 2(41), pp. 50-54. ISSN 1857-2405. |
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Revista Institutului Naţional al Justiţiei | |||||||
Numărul 2(41) / 2017 / ISSN 1857-2405 | |||||||
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CZU: 347.9 | |||||||
Pag. 50-54 | |||||||
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Rezumat | |||||||
The American experience with private suits against police departments reveals interesting insights into the strengths and weaknesses of using civil suits as a check on police misconduct. The American legal doctrine of qualified immunity bars suits against individual government actors performing their duties in office, which allows government officers to perform their duties with confidence that they will not be held personally liable in a civil suit. Statute has provided standing to both private individuals (§1983) and the Department of Justice (§14141) to sue police departments who have a demonstrable record of discriminatory behaviors against minorities. These suits still require high evidentiary standards, but provide an opportunity for plaintiffs to overcome qualified immunity claims in cases of racial discrimination. The article suggests that other states considering how to deal with civil suits for police misconduct could learn from the American experience to better serve the interests of justice. |
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Cuvinte-cheie civil suits, police misconduct, qualified immunity, Equal Protection Clause, racial discrimination, judicial precedent, comparative law |
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