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The Determinant Factor week 2 discussion 2

 While examining how federal statues and court decisions affect law enforcement training, relate deliberate indifference to the actions or training conducted by the organization or municipality. What circumstances in City of Canton v. Harris brought about the court’s evaluation of deliberate indifference? How do federal statutes impact or influence inadequate or improper training by law enforcement, specifically through Title 42, U.S. Code, Section 1983? Does a finding of deliberate indifference take into consideration either the inability or unwillingness to follow or understand the specific training?

Law enforcement training has become a major issue, since the inadequate training of a police officer can lead to violation of constitutional rights of the person the police come into contact with. A Federal statute is published as public or private by the two chambers and in the house of congress. It may collide with the justice system ran in a municipality and also conflict with the justice system. The federal statute also influences the training of the law enforcers in that it may require the municipality to apply a certain level of training in its officers.
  However the court may hold the municipality liable to the poor training given to the officers, this leads to a deliberate indifference. In case of a case where a citizen’s right are violate due to lack of knowledge from the law enforcers the municipality will be held responsible due to failure to train its police officers. A municipality may, in certain circumstances, be held liable under 1983 for constitutional violations resulting from its failure to train its employees.
  Administrators understand the need for their officers to be properly trained, and educate. Police Departments even raised the minimum of the education requirements. Although, hen the budgets re cut, training is the first budget item to cut. Lack of money is the first reason.
The United States Supreme Court made it clear that training police personnel is a critical managerial responsibility with their ruling in Canton v. Ohio (1989).  City of Canton v. Harris 489 U.S. 378 (1989) is significant because the Court expanded the standard of deliberate indifference claims against administration for failing to train their officers” (Parkinson,n.d., p.1).
In City of Canton v. Harris the issue of deliberate indifference was brought about by a Mrs. Harris who was arrested and despite her pleas to get medical attention she did not receive it. On several occasions Mrs. Harris fell on the floor and she was finally left to lay on the floor and still no medical assistance was summoned for her. After her release she filled a suit against the city for the violation of her rights. The jury ruled in her favor, and the municipality was found liable to failing to train its police force on how to deal with such issues (United State, 1989). City
  There are a certain number of state mandated training hours and courses officers must attend each year.  one study pointed out that within 6 to 18 months of cutting training, lawsuits will begin to be filed under Title 42, U.S. Code, Section 1983, for failure to train (Rutledge, 2009, p. 3).
The federal statute may influence the improper training of law enforcers especially in the occurrence that an individual at hand is dangerous, it may lead to the deprival of some human rights which is contrary to the Title 42, U.S. Code, and Section 1983 clause. In some instances the individual may be denied access to a lawyer during interrogation, in this instance his rights get violated.
In general a deliberate indifference takes into consideration the unwillingness to follow the training however in some instances it requires that the training not to be followed and the court fails to acknowledge this. Hence it’s mandatory for this clause to be revised in order to enable proper investigations to be conducted.
A Law Enforcement Officers job is stressful. What can help minimize some of the stress is making sure Law Enforcement Officers are properly trained.  “While police have long considered themselves to be professionals, they have lacked two crucial elements: adequate training and freedom of discretion” (Pratt, 1992, p.103).
References
Parkinson, J. (n.d.). The Cost of Inadequate Training. Retrieved from www.wiu.edu/…/ 6%20%20Parkinson%20cost%20of%20inadequate%20training
Pratt, C. E. (1992). Police Discretion. Law & Order, 40(3), 101-107.
Rutledge, D. (2009). Saving money through training. Police, 33(5), 68-70.
United States. (1989). City of Canton, Ohio v. Harris et al: Certiorari to the United States Court   of Appeals for the Sixth Circuit. United States: publisher not identified.

 
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