NCJ Number
156843
Date Published
1992
Length
0 pages
Annotation
This video lecture addresses issues that pertain to the potential legal liability of corrections staff who work with juveniles.
Abstract
The video has a lecture format interspersed with visual charts that outline the topics discussed. The lecturer first notes the clash that often occurs between the corrections culture and the legal culture. This is illustrated with the corrections culture's focus on safety and security and the legal culture's focus on privacy rights. These two cultures clash in the strip search, for example. He then explains the nature of a lawsuit, as he focuses on the outcomes of a lawsuit (money award and mandated change of practice) and ways to be sued (individual capacity and official capacity). Lawsuits are further distinguished by whether they focus on the personal liability of an individual without reference to job-related authority and official liability that encompasses an alleged abuse of authority. Legislation and caselaw that relates to corrections civil liability in general and in specific types of incidents are reviewed. The lecturer identifies particular areas of corrections policies and management that have potential for lawsuits; they include strip searches, the administration of psychotropic medications, isolation, restraints, and the characteristics of children in crisis. Other issues discussed pertain to access, programming, training and supervision of employees, environmental conditions, and punishment and due process.