NCJ Number
95200
Date Published
1984
Length
538 pages
Annotation
Designed for use in a course on the legal rights, duties, and liabilities of criminal justice personnel, this text concentrates on the constitutional doctrines involved in claims by and against criminal justice personnel from the standpoint of the person employed within the criminal justice system.
Abstract
An introductory chapter sets forth a theory of how rights are derived and the relation of law to the political and social system. The application of this theoretical structure to black Americans is next examined. Further analysis focuses on the procedural remedies fashioned by legislatures and courts to implement constitutional rights, including civil rights statutes and affirmative action suits. Defenses to these two types of actions are explained, with emphasis on the defense of sovereign immunity. The special remedy of injunctive relief and the problems involved in its use are also covered. Additional analyses cover the rights of criminal justice personnel within their own organizations, the procedural rights of criminal justice employees to disciplinary and dismissal hearings, and the first amendment rights of criminal justice personnel inside and outside their organizations. Data tables, footnotes, a table of cases, and an index are supplied.