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Title: Critical Issues in Police Civil Liability, Third Edition by Victor E. Kappeler ISBN: 1-57766-186-9 Publisher: Waveland Press Pub. Date: 18 April, 2001 Format: Paperback Volumes: 1 List Price(USD): $21.95 |
Average Customer Rating: 4 (3 reviews)
Rating: 3
Summary: Kappeler doesn't like bad outcomes or the police very much
Comment: This book was required reading for our department's Sgt's exam. In the aspect of defining current(at the time of publishing, now out of date) civil liability and being informative it was an excellent book. An example, the outlining of the differences between federal claims versus state claims was excellent. Most officers and administrators dont know the difference. His discussion on negligence claims was informative.
However, when Mr. Kappeler makes certain policy statements in the book, they are generally his, not a true discussion of the issue. Example, should police officers be held liable for not arresting dui's, he generally favors a finding of liability, and does not discuss the actor's, the drunk drivers, own culpability in the whole act. Furthermore, he does not discuss the facts of each case enough to give true insight into what constitutes tortable police conduct. Instead, you are left with the general feeling that failing to arrest dui drivers leads to liability, etc. Mr. Kappeler gave the impression that he favored police liability because it helps the victims, ie cash compensation. At the same time, he doesn't discuss, how difficult it is to actually do the job, policing, hence, I think he is not very objective and anti-police.
Plaintiff's lawyers will love this book. Anyone who has been an officer long knows why the plaintiff's lawyers want the police to be liable, because, they have the deep pockets, hence big fees.
Rating: 4
Summary: Eye Opening and Thoroughly Depressing
Comment: I can summarize this book in 10 words:
The less work you do, the less liable you are.
This book chronicles many lawsuits that police departments around the country have faced. The sad part is that the main point repeated in case after case is that, if the police ignored what they saw and simply drove past the person in need or the crime they witnessed, they wouldn't have lost the lawsuit.
I found this book depressing, as case after case showed that, if a criminal is committing a crime and they sue, they just might hit the jackpot (or if they kill themselves fleeing or fighting with the police, their families may hit the jackpot). Sadly, the author points out his socialistic leanings by stating that he believes that society as a whole should have to shoulder the burden of one person's damages, be they real or simply emotional.
This text also reminds officers of the fact that the law does not see police officers as people, but as an evil entity that has forfeited the same civil rights that other Amercian citizens take for granted. This book even explicitly states that police officers "do not give up all civil rights" and that they retain some, as if the oath of office states that they are no longer American citizens.
America needs to read this book and learn that they are getting less and less likely to actually receive help from the police due to these lawsuits.
Overall, the book was entertaining (despite its depressing analysis of the law) to read. Most of the book recounts actual cases which makes it a much easier text to read than most books focusing on law. I just felt, after reading this, that I am the only one who sees the impending decline of civilization and that I envision a totally lawless society, as the system just keeps punishing the government for other peoples' wrongs. It just seems that the public doesn't understand that they are only punishing themselves (who do they think pay these settlements and with each ridiculous succesful lawsuit, do they think that the police will stop to help?..as one case from this book shows, an officer was at fault because he stopped to help a stranded motorist and another motorist hit him, but that if he didn't stop to help, the guy receiving assistance couldn't have sued when he was hit).
Rating: 5
Summary: A critical book for sucessful law officers to read and know.
Comment: As a career law officer and University instructor, I have not only used this book to increase my personal knowledge but have chosen it to teach Criminal Justice classes. The information contained in the book gives important analysis of the evergrowing concern of lawsuits against the police in our litigation prone society. Kappeler provides an easy to understand format containing the crucial areas of concern for not only newly recruited officers but for veterans as well. The paperback book is very affordable and should be considered required reading for officers around the country. If you have not guessed by now... I highly recommend this book for anyone interested in enhancing or safeguarding their career in law enforcement.
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Title: The Rights of Law Enforcement Officers by Will Aitchison ISBN: 1880607166 Publisher: Labor Relations Information Service Pub. Date: 01 March, 2000 List Price(USD): $29.95 |
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Title: Police Civil Liability : Supreme Court Cases and Materials by Victor E. Kappeler ISBN: 1577661877 Publisher: Waveland Press Pub. Date: 27 July, 2001 List Price(USD): $26.95 |
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Title: Law and Contemporary Corrections by Christopher E. Smith ISBN: 0534566286 Publisher: Wadsworth Publishing Pub. Date: 23 April, 1999 List Price(USD): $75.95 |
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Title: Serial Murder by Ronald M. Holmes, Stephen T. Holmes ISBN: 076191367X Publisher: Sage Publications Pub. Date: 24 March, 1998 List Price(USD): $41.95 |
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Title: Contemporary Perspectives on Serial Murder by Ronald M. Holmes, Stephen T. Holmes ISBN: 0761914218 Publisher: Sage Publications Pub. Date: 24 March, 1998 List Price(USD): $41.95 |
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