StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Differentiate between Negligence, Intentional and Constitutional Torts - Essay Example

Cite this document
Summary
The paper "Differentiate between Negligence, Intentional and Constitutional Torts" discusses that the person being harmed may sue to official or the entire department where the official is working and the person being harmed will end up proving that the police officer’s actions were torturous…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.1% of users find it useful
Differentiate between Negligence, Intentional and Constitutional Torts
Read Text Preview

Extract of sample "Differentiate between Negligence, Intentional and Constitutional Torts"

Three kinds include constitutional, negligence and intentional torts. Criminal justice officials have to fight a negligence tort if they are creating a danger to the wellbeing of citizens (Peak, 2011, p.336). For example, an employee of the criminal justice department conducted his duties without making sure that others are not harmed by his means of conducting duty, due to this others may have been inflicted with harm or injury, thus the official is held responsible for conducting his duties in a negligent manner. Criminal justice officers experience intentional torts when they indulge knowingly and freely indulge in activities due to which citizens or other individuals of a society may be harmed (Vaughn, 1999).

For example, a police officer uses coercive methods to obtain a confession from a suspect, due to his actions the suspect gets badly injured, the police officer is held responsible for using coercion and the confession obtained from the suspect might not be used as evidence in the court of law. A criminal justice employee may be held responsible in a case of constitutional tort if he fails to conduct his duties in accordance with the constitution of the country (Carlson, 1985, p.342). For example: if a police officer makes an arrest and forgets to read the Miranda rights to the suspect, the police officer may be held responsible for acting according to the constitution and the suspect may be free to leave as his Miranda rights were not read to him (Peak, 2011, p.281).

Various activities conducted by the officials of the criminal justice system lead to tort liability, these activities include negligent behaviour, wrongful charges for arrest, breach of the right of privacy, upholding information and evidence, and coercive interrogation. When an official of the criminal justice system is said to have acted in a negligent manner, he is said to have not exercised his duty of due care (Peak, 2011, p.341). This means that while conducting his duties, an official has not ensured to eradicate practices and procedures that may harm an individual and that are foreseen. Therefore a police officer has to exercise his duty of care while conducting his duty and obligations. Any wrong activity conducted by a police officer may be treated as a criminal act along with a tort. This means that if a police officer does not conduct his duty in the appropriate manner and hurts another individual, his act may be considered as a crime and he may be prosecuted for his actions and punished by being assigned with fines and jail time.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Differentiate between neligence, intentional and constitutional torts Essay”, n.d.)
Differentiate between neligence, intentional and constitutional torts Essay. Retrieved from https://studentshare.org/law/1601021-differentiate-between-neligence-intentional-and-constitutional-torts-what-acts-can-cause-a-tort-liability
(Differentiate Between Neligence, Intentional and Constitutional Torts Essay)
Differentiate Between Neligence, Intentional and Constitutional Torts Essay. https://studentshare.org/law/1601021-differentiate-between-neligence-intentional-and-constitutional-torts-what-acts-can-cause-a-tort-liability.
“Differentiate Between Neligence, Intentional and Constitutional Torts Essay”, n.d. https://studentshare.org/law/1601021-differentiate-between-neligence-intentional-and-constitutional-torts-what-acts-can-cause-a-tort-liability.
  • Cited: 0 times

CHECK THESE SAMPLES OF Differentiate between Negligence, Intentional and Constitutional Torts

Article 2 v Article 3 In a Ticking Bomb Scenario

The purpose of this research is to investigate the following: Article 2 of ECHR and Article 3, Gist of Article 2 of ECHR, Responsibility of State, Case Law, Legal and Administrative Setup, Law Enforcing Machinery, Life Protection Measures, Health Care and Social Services, Abortion Cases and so on....
36 Pages (9000 words) Dissertation

Ethical Issue

This dissertation "Ethical Issue" perfectly describes that this dissertation presents the results of an effort to examine if corporate social responsibility policies can offset the impact of activities that present harm to the environment and society.... ... ... ... Using case studies, a review of relevant published literature, the information presented by various corporate social responsibility organizations, and historical data for the stock market performance of BP, Exxon Mobil, and Toyota stocks, it is possible to conclude that an emphasis on corporate social responsibility will mitigate harm to environment and society....
30 Pages (7500 words) Dissertation

Workplace Privacy

It is inferred that employers and government should collectively fill the gaps between law and emerging technology related privacy issues for better workplace.... With the advent and rapid proliferation of technology, the world has become a smaller place where accelerated communication and networking has nearly removed the personal boundaries in all aspects of life....
48 Pages (12000 words) Thesis

Summarizing the Documentary with particular emphasis on the law

The vital American law issues that are under consideration are basics of law and sources of law, courts systems in the unites states of America, Alternative, judicial and e-dispute resolution, United states of America constitution and other laws, unintentional and intentional tort, cyber piracy and intellectual property, and criminal law and cybercrimes....
4 Pages (1000 words) Essay

Utilization of the Law and Its Processes

The following research explores various areas that describe the utilization of the law and its processes.... It makes it quite clear why there is a need for the law and how effective it is in society today.... Also, an understanding is given in some of the areas of how judges utilize certain powers to control areas of the law as well....
9 Pages (2250 words) Essay

English Tort Law and Employers Liability Act 1969

This essay analyzes the English Tort Law.... The tort of trespass of battery has three elements: force, direct application of force, and intent to directly apply that force to another.... Any touching of another person's body can amount to a battery if done without the consent of that other party....
68 Pages (17000 words) Essay

Public and Private Nuisances

This establishes a balance between the two sides since the court evaluates the evidence before making a ruling.... The paper 'Public and Private Nuisances' addresses both public and private nuisance by expounding on their definitions.... It also explains the conditions that should be met before a nuisance claim is presented to a law court....
8 Pages (2000 words) Research Paper

Compliance in Lieu of the Sources of Law

deally, there are three basic principles that govern the law of tort with respect to negligence.... Otherwise, the jury must differentiate the case so as to make a unique ruling.... To begin with, the most important source of law comes from the proceedings of the legislature in the creation of new rules of law as reiterated by Alexander (2009, P....
10 Pages (2500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us