POLICE FINAL - POLICE FINAL CLASS NOTES Duty to protect...

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POLICE FINAL CLASS NOTES Duty to protect Movement behind private sector increase Not driven by “profit retention” McDonalds Massacre The cops response was appropriate o Barricaded gunman -> active shooter Police must “stop the noise” Sniper took shooter James Huberty out Secure perimeter o Keep contained and not shooting Can not sue for someone not collectable o Can/must go after most profitable person involved Corporation negligence o McDonalds is responsible to protect customers Foreseeing ones Duty to Protect The “new” tort Failing to provide adequate security How have they forced improved security when on notice to do so How can victim of criminal hold business responsible Civil action against person responsible for injury/loss Rule = one can file a civil claim against a person who criminally assaulted you Recovery = amount to “make whole again” Punitive lesson = teach lesson with $$$ as seen in Ford Pinto case When can a business be held responsible for the acts of another (third party)? Negligence or Forsee-ablility * McDonalds High crime area Notice of criminal activity in store Fearful employees asked for and were refused security Bid for security officer as $5.75 an hour 21 killed/ 11 injured Summary judgment o Security conditions need to provide notice of risk or assault o “knew or should have know” o Failure to provide security 1
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General Rule = a private person does not have a duty to protect another from criminal acts by a third person Exception to rule = “owners of businesses” Need responsible care to protect foreseeable criminal acts Courts reject the argument that it is a police function to protect the customer Proximate cause Actionable negligence to use due care… McDonalds does not pay a dime because: they did not foresee this kind of massacre a responsible person cannot foresee this happening he was just crazy “no casual connection” so did not need a jury in case California Court Appeals ..unlikely to occur in modern life today …was so remote and unpredicted CHAPTER 13 Uniform Crime Reports FBI reported to police Index crimes only o Murder, rape, assault, larceny, burglary… National crime victimization survey Random sampling of crime from US households National Institute of Justice US Constitution Criminal justice system in based on the Bill or Rights, 1-10 Amendments, and the Constitution o 1-5 Amendment focus on freedom or rights involved with criminal procedure o 14 th Amendment extends Bill of Rights to the States Due process clause of 14 th Amendment – protection “against the state” Amendments 1 st - religions, speech, assembly 2
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4th - searches and seizures 5 th - indictment, double jeopardy, self incrimination, due process, taking property without just compensation 6 th – right to speedy trial, impartial jury, be informed, assistance of council for defense (no right to speedy arrest)
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