Essay about Irac Week 3

687 Words Jan 21st, 2015 3 Pages
Case:
There was a shooting on the night of August 5, 2008 that led to the arrest of David Jefferson as one shooter, while a witness identified the second shooter as “Mookie”…[who] hangs in the 2700 block of the Alameda (Baltimore Brew, 2013). Based on previous encounters with Jefferson and Darren Brown, Officer Paul Southard believed that “Mookie” was Brown (Baltimore Brew, 2013). A probable-cause statement was drafted that identified Brown as the second suspect. Brown was arrested on August 7 and was charged with attempted murder, assault, and armed robbery. The lawsuit alleges that these charges were “brought without review by or approval of a prosecutor…[and that] Defendants Bailey, Southard, Min and [Officer Felipe] Carrasquillo made
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Issue:
Has deliberate and/or reckless disregard for the truth and failure to follow the Baltimore City Police Department’s customs, policies, and practices in terms of officer training, officer evaluations and arrests without probable case occurred?
Have the Mayor and City Council failed to seek prosecutorial review? Did the city’s indifference cause a lack of effort at stopping the practice of arresting individuals without probable cause? Was there a violation of constitutional rights?
Rule:
Intentional misrepresentation (fraud or deceit), which is the intentional defrauding of a person out of money, property, or something else of value (Cheeseman, 2013). Four elements are required to find fraud:
1. The wrongdoer made a false representation of material fact.
2. The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party.
3. The innocent party justifiably relied on the misrepresentation.
4. The innocent party was injured.
Analysis:
As a police officer it is important that you explore all areas of an investigation to ensure that there is not misrepresentation. The police officers in this case owed it to the victims to ensure that the second suspect was properly identified. A police officers duty is to protect and serve. This was not the case in ensuring that the second suspect was properly identified. A

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