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CMRJ-512 7-1 Discussion W7: Change & Liability

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Instructions of CMRJ-512 7-1 Discussion W7: Change & Liability

Week 7: Legal Aspects and Organizational Change    

W7: Change & Liability

Please answer the following questions:

Also remember these comprise what is referred to as the “primary post”, i.e., these should be posted in a single post with one response on top of the other. Each should be numbered to clearly show where the response to #1 ends and the response to #2 starts.

  1. In your supported view, thoroughly defend whether or not police should be protected via “Qualified Immunity”. 
  2. What is necessary for positive organizational change to occur within a police agency? 

Note: As part of the response to #2 I want you to include how ethics could and or has impacted positive organizational change within a police agency.

Step-By-Step Guide on CMRJ-512 7-1 Discussion W7: Change & Liability

Introduction To CMRJ512 7-1 Discussion

This Owlisdom assignment of CMRJ-512 7-1 Discussion W7: Change & Liability involves critically evaluating the concept of qualified immunity for police officers and identifying the necessary elements for positive organizational change within a police agency. In this CMRJ-512 7-1 Discussion W7: Change & Liability, You will answer specific questions and engage with your classmates’ posts to provide a comprehensive understanding of these topics.

In your supported view, thoroughly defend whether or not police should be protected via “Qualified Immunity.”  

Defend Or Oppose Qualified Immunity For Police Officers

This section of CMRJ-512 7-1 Discussion W7: Change & Liability will discuss the Defend Or Oppose Qualified Immunity For Police Officers.

  • Research the concept of qualified immunity, its origins, and its current application in law enforcement.
  • Decide whether you support or oppose qualified immunity for police officers. Develop a clear, logical argument supported by evidence and examples.
  • Use legal cases, scholarly articles, and real-world examples to support your position.

Example

Qualified immunity is a legal doctrine in the United States that shields government officials, including police officers, from being held personally liable for constitutional violations—such as violating a person’s rights under the Fourth Amendment—unless the violated right was “clearly established” at the time of the act. The doctrine is intended to protect officers from the burden of lawsuits that could deter active and effective law enforcement. It also protects taxpayers from the costs associated with settlements and judgments.

Defending qualified immunity requires a nuanced understanding of both its purpose and its impact. The primary argument in favor of qualified immunity is that law enforcement officers often have to make split-second decisions under high-stress conditions, decisions that have life-or-death consequences. Without the protection of qualified immunity, officers might hesitate or avoid taking necessary actions for fear of personal liability (Schwartz, 2020). The hesitation can potentially lead to greater harm, either to the officers themselves, the public, or to suspects.

Furthermore, qualified immunity does not protect officers who violate clear legal standards. If the law or constitutional right was clearly established at the time the officer acted, the officer can still be held liable (Zamoff, 2020). It strikes a balance, allowing for the punishment and accountability of officers who knowingly violate the law while protecting those who make reasonable but mistaken judgments about unsettled legal issues.

What is necessary for positive organizational change to occur within a police agency?

Elements Necessary For Positive Organizational Change In Police Agencies

This section of CMRJ-512 7-1 Discussion W7: Change & Liability will discuss the Elements Necessary For Positive Organizational Change In Police Agencies.

  • Discuss the importance of committed leadership in driving change.
  • Highlight the need for clear and open communication.
  • Emphasize the necessity of continuous training.
  • Explain how ethics impacts organizational change.

Example

Positive organizational change within a police agency requires a multifaceted approach that includes leadership commitment, transparent communication, ongoing training, and a strong ethical foundation. The change must start at the top, with leaders who are committed to transforming the culture and operations of the agency. These leaders must be willing to engage with all levels of the organization, as well as with the community, to ensure that the changes are both understood and supported.

  • Transparent Communication: For change to be effective, it needs to be communicated clearly and transparently throughout the organization. It means not only announcing changes but also explaining the reasons behind them and how they will be implemented (Musheke & Phiri, 2021). Open lines of communication can help alleviate concerns and misconceptions about the changes, fostering a more cooperative environment.
  • Ongoing Training: Training is crucial for equipping officers with the necessary skills and knowledge to adapt to new policies, technologies, and community engagement strategies. The training should not only focus on tactical skills but also on areas such as cultural competence, mental health, de-escalation techniques, and legal updates.
  • Ethics and Organizational Change: Ethics play a critical role in driving positive change within police agencies. Ethical leadership promotes integrity and accountability, which are essential for maintaining public trust—a crucial component of effective law enforcement (Bashir & Hassan, 2020). Implementing ethical standards and practices can lead to significant improvements in officer behavior and decision-making. For instance, when agencies adopt strict anti-corruption policies and ensure that breaches of these policies are met with appropriate consequences, it reinforces a culture of integrity that permeates all levels of the organization.
  • Furthermore, the integration of ethics into daily operations can help prevent abuses of power and reduce incidents of misconduct. It not only helps in improving community relations but also in building a more disciplined and morale-driven workforce. 

REFERENCES

Bashir, M., & Hassan, S. (2020). There is a need for ethical leadership in combating corruption. International Review of Administrative Sciences, 86(4), 673–690. https://doi.org/10.1177/0020852318825386 

Musheke, M. M., & Phiri, J. (2021). The effects of effective communication on organizational performance are based on systems theory. Open Journal of Business and Management, 9(2), 659–671.

Schwartz, J. C. (2020). After qualified immunity. Columbia Law Review, 120(2), 309–388.

Zamoff, M. (2020). Determining the perspective of a reasonable police officer: An evidence-based proposal. Vill. L. Rev., 65, 585.

Reply to classmate

Response

  • Carefully read the posts made by your classmates to understand their perspectives and arguments.
  • Offer constructive feedback, suggestions, or alternative viewpoints that add value to the discussion.
  • Expand on their points with examples or respectfully challenge their views with counterexamples.

Example

Hello Sayer,

Thank you for your thorough analysis on the topic of qualified immunity and the factors necessary for positive organizational change within police agencies. Your defense of qualified immunity highlights the critical balance it aims to maintain—protecting officers from the potential repercussions of split-second decision-making, while not excusing clear violations of established rights. This nuanced perspective is essential in understanding the complexities faced by law enforcement and the legal frameworks that guide their actions.

Your point about qualified immunity fostering a proactive rather than hesitant law enforcement approach is particularly compelling. It underscores the reality that officers often operate in high-stress environments that require immediate judgments, which can be legally ambiguous. This protection arguably ensures that officers can perform their duties without the constant fear of legal repercussions from actions taken in good faith based on the information available at the time.

Moving to your discussion on organizational change, you effectively delineate the foundational elements needed, such as leadership commitment, transparent communication, and ongoing training. The emphasis on ethics resonates deeply, especially in today’s climate, where public scrutiny of police practices is intense. Ethical leadership not only shapes internal behaviors but also impacts public perception and trust, which are crucial for effective policing.

The integration of continuous ethical training in professional development programs is a notable suggestion, fostering a culture where integrity and accountability are paramount. It would be interesting to further explore how these ethical trainings are currently implemented across various departments and their direct impact on community relations and internal culture.

Overall, your post offers a comprehensive and insightful look into the challenges and requirements for law enforcement agencies striving for improvement and accountability. Your analysis encourages a deeper reflection on how these principles are applied in practice and their effectiveness in driving positive change.

CLOSING

By following these guidelines of CMRJ-512 7-1 Discussion W7: Change & Liability, you will effectively discuss the complexities of qualified immunity and the essential elements for fostering positive organizational change within police agencies. Engaging with your classmates’ responses will further enhance the discussion, providing diverse perspectives and deeper insights into these critical issues. This CMRJ-512 7-1 Discussion W7: Change & Liability structured approach ensures a comprehensive and insightful discussion, contributing meaningfully to the class dialogue. In the next module of CMRJ 512, we will explore the 8-1 Research paper.

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