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Author Question: Identify the two elements of the qualified immunity defense, and explain why the test is so easy for ... (Read 50 times)

formula1

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on: Aug 12, 2018
Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.
 
  What will be an ideal response?

Question 2

The Hierarchy Rule impacts the validity of the National Crime Victimization Survey.
 
  Indicate whether the statement is true or false


LVPMS

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Reply #1 on: Aug 12, 2018
Answer to Question 1

The qualified immunity defense to federal constitutional tort claims against police officers has two elements:
(1) The officers' actions must meet the test of objective legal reasonableness.
(2) Reasonableness is measured by legal rules clearly established at the time the officers acted..

This test is easy for officers to pass, since the officers' acts do not have to be correct but only reasonable given the law at the time. The reason for creating this easy test is to protect officers' broad discretion to do their jobs and keep them from being sued in frivolous lawsuits.

Answer to Question 2

F


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