- The document discusses the inconsistent application of Garrity warnings by police departments during administrative investigations of officers. Garrity warnings inform officers that their compelled statements during internal investigations cannot be used against them criminally.
- The author expresses concern that departments either apply Garrity warnings too broadly or fail to properly protect compelled statements from being disclosed to criminal investigators. This can negatively impact both the criminal and administrative investigations.
- The document examines a court case where an officer's compelled statements during an internal investigation were inappropriately shared with prosecutors and used against him criminally, violating his rights. It stresses the importance of separating administrative and criminal investigations when possible while upholding both public and departmental integrity.
CJUS 530Case Study Critiques InstructionsYou are required to w.docxclarebernice
CJUS 530
Case Study Critiques Instructions
You are required to write critiques of 2 case studies in the course based on the articles provided in the assigned modules/weeks’ Reading & Study folders.
Each case study critique must be between 3–5 pages (not including the title, abstract, and reference pages) in current APA format and must discuss the major facts of the case. You must tell whether or not you believe the right decisions were made and why. Follow the guidelines listed below:
· Identify the important facts in the case study.
· What decisions were or were not made in the case study?
· Do you believe the decisions or best practices were appropriate?
· Discuss any alternative solutions to the problem and support those solutions with additional research (in other words, support your solution with similar cases).
· Conclusion
· Bibliography
· Make sure each section is labeled appropriately (Facts, Decision, Alternative
Solution
, Conclusion).
· Citation style: current APA
· All papers must use the following format: Times New Roman, 12-point font, 1” margins from left to right and top to bottom, and double spaced.
· Do not forget to review the grading rubric.
Each case study will be due by 11:59 p.m. (ET) on Sunday of the assigned module/week.
Garrity Warnings: To Give or Not to Give, That Is the Question
By Eric P. Daigle, Esq., Daigle Law Group, Southington, Connecticut; and Secretary, IACP Legal Officers Section
s I travel the country and work with different police departments, I am troubled by the inconsistency and the
lack of knowledge of police management regarding use of Garrity in administrative investigations. I have
learned that while investigators and management are aware of the practice of using Garrity warnings, as created by
the case Garrity v. New Jersey,1 these warnings are misinterpreted and misapplied throughout the United States.
In law enforcement organizations, the Garrity principle is an important tool to provide officers the necessary
protections while still enabling departments to conduct thorough and complete internal investigations. In a given
agency, what is more important: the criminal investigation or the discipline of the employee for a violation of
department policy? It may matter whom one asks. In a given department, is a Garrity warning given to compel a
statement if there is a potential criminal investigation?
During an administrative investigation of an officer, the agency head or representatives (that is, internal affairs
investigators) are permitted to and generally should compel the subject officer to truthfully answer questions that are
narrowly tailored to the scope of the subject’s job as a police officer. The basic principle of Garrity is that when the
statement taken from the subject officer is compelled, the statement and the evidence derived from the statement
cannot be used against the subject officer in a criminal action against the officer arising from the same circumst ...
Are You Suitable for Appointment to a Federal Law Enforcement Position (WIFL...FedEmployeeLaw
Whether the character or conduct of an applicant, appointee or employee is such that employing her may have an impact on the integrity or efficiency of the service. See 5 CFR §731.101; Alvarez v Department of Homeland Security, 112 MSPR 434 (MSPB 2009).
During 2013/14, the IPCC has been carrying out work to look at ways of improving police handling of complaints, and to contribute to improving public confidence in the police complaints system.
Police forces have told us that there is a need for practical advice, in addition to our Statutory Guidance, to support them in handling complaints. In response, we have created a new publication – Focus.
Employment Screening Laws & Background Checks Question & AnswerEliassen Group
Key Takeaways from this webinar include:
1) What Background Checks are being routinely run by Employers during the Hiring Process.
2) EEOC Laws and Regulations for Employers regarding Background Checks and how those laws have changed since it’s inception in 1964
3) Employers Best Practices to Avoid and Defend Negligence and Discrimination Claims.
*Not to be used as legal advise*
CJUS 530Case Study Critiques InstructionsYou are required to w.docxclarebernice
CJUS 530
Case Study Critiques Instructions
You are required to write critiques of 2 case studies in the course based on the articles provided in the assigned modules/weeks’ Reading & Study folders.
Each case study critique must be between 3–5 pages (not including the title, abstract, and reference pages) in current APA format and must discuss the major facts of the case. You must tell whether or not you believe the right decisions were made and why. Follow the guidelines listed below:
· Identify the important facts in the case study.
· What decisions were or were not made in the case study?
· Do you believe the decisions or best practices were appropriate?
· Discuss any alternative solutions to the problem and support those solutions with additional research (in other words, support your solution with similar cases).
· Conclusion
· Bibliography
· Make sure each section is labeled appropriately (Facts, Decision, Alternative
Solution
, Conclusion).
· Citation style: current APA
· All papers must use the following format: Times New Roman, 12-point font, 1” margins from left to right and top to bottom, and double spaced.
· Do not forget to review the grading rubric.
Each case study will be due by 11:59 p.m. (ET) on Sunday of the assigned module/week.
Garrity Warnings: To Give or Not to Give, That Is the Question
By Eric P. Daigle, Esq., Daigle Law Group, Southington, Connecticut; and Secretary, IACP Legal Officers Section
s I travel the country and work with different police departments, I am troubled by the inconsistency and the
lack of knowledge of police management regarding use of Garrity in administrative investigations. I have
learned that while investigators and management are aware of the practice of using Garrity warnings, as created by
the case Garrity v. New Jersey,1 these warnings are misinterpreted and misapplied throughout the United States.
In law enforcement organizations, the Garrity principle is an important tool to provide officers the necessary
protections while still enabling departments to conduct thorough and complete internal investigations. In a given
agency, what is more important: the criminal investigation or the discipline of the employee for a violation of
department policy? It may matter whom one asks. In a given department, is a Garrity warning given to compel a
statement if there is a potential criminal investigation?
During an administrative investigation of an officer, the agency head or representatives (that is, internal affairs
investigators) are permitted to and generally should compel the subject officer to truthfully answer questions that are
narrowly tailored to the scope of the subject’s job as a police officer. The basic principle of Garrity is that when the
statement taken from the subject officer is compelled, the statement and the evidence derived from the statement
cannot be used against the subject officer in a criminal action against the officer arising from the same circumst ...
Are You Suitable for Appointment to a Federal Law Enforcement Position (WIFL...FedEmployeeLaw
Whether the character or conduct of an applicant, appointee or employee is such that employing her may have an impact on the integrity or efficiency of the service. See 5 CFR §731.101; Alvarez v Department of Homeland Security, 112 MSPR 434 (MSPB 2009).
During 2013/14, the IPCC has been carrying out work to look at ways of improving police handling of complaints, and to contribute to improving public confidence in the police complaints system.
Police forces have told us that there is a need for practical advice, in addition to our Statutory Guidance, to support them in handling complaints. In response, we have created a new publication – Focus.
Employment Screening Laws & Background Checks Question & AnswerEliassen Group
Key Takeaways from this webinar include:
1) What Background Checks are being routinely run by Employers during the Hiring Process.
2) EEOC Laws and Regulations for Employers regarding Background Checks and how those laws have changed since it’s inception in 1964
3) Employers Best Practices to Avoid and Defend Negligence and Discrimination Claims.
*Not to be used as legal advise*
What are the keys to an effective workplace investigation?CohenGrigsby
Over the past year, allegations of unlawful harassment have dominated headlines. As a result, many employers have revised their anti-harassment policies. However, a well drafted policy is meaningless unless complaints of harassment are promptly investigated and appropriate corrective action is taken.
Georgia LPC Legal and Ethical Issues in Clinical SupervisionGlenn Duncan
This is the lecture from Day 4 of the 24 hour clinical supervision workshop series developed specifically for the Georgia LPC to help obtain the CPCS. This workshop series is LPCAGA approved.
Explain how firms can benefit from forecastingexchange rates .docxhanneloremccaffery
Explain how firms can benefit from forecasting
exchange rates
Describe the common techniques used for
forecasting
Explain how forecasting performance can be
evaluated
explain how interval forecasts can be applied
APA format, minimum 3 sources
Paper will be a minimum of 650 and a maximum of 900 words.
(This includes title section, content, and references…in other
words the entire paper)
.
•POL201 •Discussions •Week 5 - DiscussionVoter and Voter Tu.docxhanneloremccaffery
• POL201 • Discussions • Week 5 - Discussion
Voter and Voter Turnout
Prepare: Prior to completing this discussion question, review Chapters 10, 11, and 12 in American Government and review Week Five Instructor Guidance. Also read the following articles: How Voter ID Laws Are Being Used to Disenfranchise Minorities and the Poor (Links to an external site.)Links to an external site., Fraught with Fraud (Links to an external site.)Links to an external site., and Proof at the Polls (Links to an external site.)Links to an external site.
Reflect: The U.S. has one of the lowest voter turnout rates among modern democratic political systems. One study ranks the U.S. 120th on a list of 169 nations compared on voter turnout (Pintor, Gratschew, & Sullivan, 2002). During the last decade, many initiatives have been undertaken to increase voter participation, yet concerns about the possibility of election fraud have also increased. Additionally, some political interests feel threatened by the increase in turnout among some traditionally low-turnout ethnic minorities. Several states have recently passed legislation imposing new registration and identification requirements. This has sparked debate about whether these are tactics intended to suppress turnout or to prevent fraud. Think about the media’s role in the election process and how both mass media and social media can impact the election process.
Write: In your initial post, summarize recent developments in several states enacting voter ID laws. Analyze and describe the pros and cons on both sides of the debate about these laws. Is voter fraud a major problem for our democracy or are some groups trying to make it harder for some segments of society to vote? What impact has the media (mass and social) had in influencing public opinion regarding voter ID laws? Draw your own conclusion about the debate over voter ID laws and justify your conclusions with facts and persuasive reasoning. Fully respond to all parts of the prompt and write your response in your own words. Your initial post must be at least 300 words. Support your position with at least two of the assigned resources required for this discussion, and/or peer reviewed scholarly sources obtained through the AU Library databases. Include APA in-text citations (Links to an external site.)Links to an external site. in the body of your post and full citations on the references list (Links to an external site.)Links to an external site. at the end. Support your position with APA citations from two or more of the assigned resources required for this discussion. Please be sure that you demonstrate understanding of these resources, integrate them into your argument, and cite them properly.
.
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What are the keys to an effective workplace investigation?CohenGrigsby
Over the past year, allegations of unlawful harassment have dominated headlines. As a result, many employers have revised their anti-harassment policies. However, a well drafted policy is meaningless unless complaints of harassment are promptly investigated and appropriate corrective action is taken.
Georgia LPC Legal and Ethical Issues in Clinical SupervisionGlenn Duncan
This is the lecture from Day 4 of the 24 hour clinical supervision workshop series developed specifically for the Georgia LPC to help obtain the CPCS. This workshop series is LPCAGA approved.
Explain how firms can benefit from forecastingexchange rates .docxhanneloremccaffery
Explain how firms can benefit from forecasting
exchange rates
Describe the common techniques used for
forecasting
Explain how forecasting performance can be
evaluated
explain how interval forecasts can be applied
APA format, minimum 3 sources
Paper will be a minimum of 650 and a maximum of 900 words.
(This includes title section, content, and references…in other
words the entire paper)
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•POL201 •Discussions •Week 5 - DiscussionVoter and Voter Tu.docxhanneloremccaffery
• POL201 • Discussions • Week 5 - Discussion
Voter and Voter Turnout
Prepare: Prior to completing this discussion question, review Chapters 10, 11, and 12 in American Government and review Week Five Instructor Guidance. Also read the following articles: How Voter ID Laws Are Being Used to Disenfranchise Minorities and the Poor (Links to an external site.)Links to an external site., Fraught with Fraud (Links to an external site.)Links to an external site., and Proof at the Polls (Links to an external site.)Links to an external site.
Reflect: The U.S. has one of the lowest voter turnout rates among modern democratic political systems. One study ranks the U.S. 120th on a list of 169 nations compared on voter turnout (Pintor, Gratschew, & Sullivan, 2002). During the last decade, many initiatives have been undertaken to increase voter participation, yet concerns about the possibility of election fraud have also increased. Additionally, some political interests feel threatened by the increase in turnout among some traditionally low-turnout ethnic minorities. Several states have recently passed legislation imposing new registration and identification requirements. This has sparked debate about whether these are tactics intended to suppress turnout or to prevent fraud. Think about the media’s role in the election process and how both mass media and social media can impact the election process.
Write: In your initial post, summarize recent developments in several states enacting voter ID laws. Analyze and describe the pros and cons on both sides of the debate about these laws. Is voter fraud a major problem for our democracy or are some groups trying to make it harder for some segments of society to vote? What impact has the media (mass and social) had in influencing public opinion regarding voter ID laws? Draw your own conclusion about the debate over voter ID laws and justify your conclusions with facts and persuasive reasoning. Fully respond to all parts of the prompt and write your response in your own words. Your initial post must be at least 300 words. Support your position with at least two of the assigned resources required for this discussion, and/or peer reviewed scholarly sources obtained through the AU Library databases. Include APA in-text citations (Links to an external site.)Links to an external site. in the body of your post and full citations on the references list (Links to an external site.)Links to an external site. at the end. Support your position with APA citations from two or more of the assigned resources required for this discussion. Please be sure that you demonstrate understanding of these resources, integrate them into your argument, and cite them properly.
.
•No less than 4 pages causal argument researched essay •In.docxhanneloremccaffery
•
No less than 4 pages causal argument researched essay
•
Includes an interview with an expert from a university
•
Includes survey question with students concerning the topic
•
Includes arguments from official sources from the library
.
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•Focus on two or three things in the Mesopotamian and/or Ovid's account of creation that differ from Genesis. How do they differ? What is the significance of these differences?
•Focus on two or three things in the Mesopotamian and/or
Ovid's account of the flood that differ from Genesis. How do they differ? What is the significance of these differences
.
•Langbein, L. (2012). Public program evaluation A statistical guide.docxhanneloremccaffery
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•McDavid, J. C., Huse, I., & Hawthorn, L. R. L. (2013). Program evaluation and performance measurement: An introduction to practice (2nd ed.). Thousand Oaks, CA: Sage. ◦Chapter 4, “Measurement for Program Evaluation and Performance Monitoring” (pp. 145–185)
•Geddes, B. (1990). How the cases you choose affect the answers you get: Selection bias in comparative politics. Political Analysis, 2(1), 131–150. Retrieved from http://www.uky.edu/~clthyn2/PS671/Geddes_1990PA.pdf
•Levitt, S., & List, J. (2009). Was there really a Hawthorne effect at the Hawthorne plant? An analysis of the original illumination experiments. Retrieved from http://www.nber.org/papers/w15016.pdf
•Urban Institute. (2014). Outcome indicators project. Retrieved from http://www.urban.org/center/cnp/projects/outcomeindicators.cfm
•Bamberger, M. (2010). Reconstructuring baseline data for impact evaluation and results measurement. Retrieved from http://siteresources.worldbank.org/INTPOVERTY/Resources/335642-1276521901256/premnoteME4.pdf
•Parnaby, P. (2006). Evaluation through surveys [Blog post]. Retrieved from http://www.idea.org/blog/2006/04/01/evaluation-through-surveys/
•Rutgers, New Jersey Agricultural Experiment Station. (2014). Developing a survey instrument. Retrieved from http://njaes.rutgers.edu/evaluation/resources/survey-instrument.asp
•MEASURE Evaluation. (n.d.). Secondary analysis of data. Retrieved February 24, 2015, from http://www.cpc.unc.edu/measure/our-work/secondary-analysis/secondary-analysis-of-data
•Zeitlin, A. (2014). Sampling and sample size [PowerPoint slides]. Retrieved from http://www.povertyactionlab.org/sites/default/files/2.%20Sampling%20and%20Sample%20Size_AFZ3.pdf
Now that you have thought through a logical model or framework for your Final Project, it is time to develop preliminary input, output, and outcome indicators. For this Assignment, use the guidelines from the Urban Institute resource and consult relevant Optional Resources from this week.
Submit a 2- to 3-page paper which describes your input, output, and outcome program indicators, including the following:
•Describe the variables and the data you will be using.
•Provide a realistic discussion of the availability of research data.
•Provide an analysis of intended data collection strategies.
◦If a sample or sample survey will be used, discuss the sampling frame or the sampling strategy you intend to use.
.
•Chapter 10 Do you think it is possible for an outsider to accura.docxhanneloremccaffery
•Chapter 10: Do you think it is possible for an outsider to accurately discern about the underlying cultural values of an organization by analyzing symbols, ceremonies, dress, or other observable aspects of culture in comparison to an insider with several years of work experience? Select a percentage (e.g., 10%, 70%, etc.) and explain your reasoning.
•Chapter 11: A noted organization theorist once said, "Pressure for change originates in the environment. Pressure for stability originates within the organization." Do you agree?
•Chapter 12: If managers frequently use experience and intuition to make complex, non-programmed decisions, how do they apply evidence-based management (which seems to suggest that managers should rely on facts and data)?
•Chapter 13: In a rapidly changing organization, are decisions more likely to be made using the rational or political model of organization?
•What biblical implications should be included/addressed?
•How can/should a biblical worldview be applied?
Group Discussion Board Forum Thread Grading Rubric
Criteria
Points Possible
Points Earned
Thread
0 to 30 points
All questions associated with Part 1 are provided in a thread.
At least 4 peer-reviewed references are included in the thread.
The thread is 1200 words.
The thread is posted by the stated deadline.
Spelling and grammar are correct.
Sentences are complete, clear, and concise.
Total
.
· Bakit Di gaanong kaganda ang pagturo sa UST sa panahon.docxhanneloremccaffery
·
Bakit
Di gaanong kaganda ang pagturo sa UST sa panahon ni Jose Rizal
·
bakit
Merong diskriminasyon; minamaliit ang mga Pilipinosa panahon ni Jose Rizal
·
bakit
Galit sa kay Jose Rizal ang mga Dominikano dahil sa pagtatatag ng Companerismo (Fraternity)
·
bakit
Gustong gamutin ni Jose Rizal ang ina niya
.
·YOUR INDIVIDUAL PAPER IS ARGUMENTATIVE OR POSITIONAL(Heal.docxhanneloremccaffery
·
YOUR INDIVIDUAL PAPER IS ARGUMENTATIVE OR POSITIONAL
(Healthcare Information Technology)
THIS is NOT and information paper so please read this carefully
Individual Writing Assignment
This Individual Writing Assignment is worth 20 points, and it is due at the end of Week 5.
The purposes of this assignment are to a) help you effectively use research resources through library data bases and search engines to complete course requirements; b) improve your critical thinking skills, and c) develop your effectiveness in writing about topics relevant to course objectives and healthcare information systems. The paper explores, in greater detail than the required readings and class discussion, any healthcare information system topic identified in the course text or syllabus. Your job is to select a current issue in healthcare information systems, provide the necessary background and your position, along with a conclusion and future direction. I encourage you to select a subject in which you have interest and approach this assignment as a potential publishable work.
Position Paper
Your final paper is 15 pages double-spaced (excluding the executive summary, footnotes, and references) with a 10 or 12 point font. Tables, graphics, and diagrams must be placed in the paper as attachments. They do not count in the page length. This is a guide to help you organize your content and what is expected in each section. The page counts are suggested, however, where they have a limit, that must be adhered to.
·
Cover Page:
APA Style (1 Page, not included in page count)
·
Table of Contents:
(not included in page count)
·
Executive Summary:
Bottom line up front (1 page, no more)
·
Introduction
: (1/2 to 1 page)
·
Background
: Information on the topic that provides context so readers can understand the background leading into your statement and analysis of the issue (up to 2 pages, no more)
·
Analysis of the issue
: This is the problem you see with the current state of your topic supported by evidence and literature that brings validity to the issue or problem you are stating exists. Then describe the factors contributing to the issue /problem broken down by (2-3 pages)
People
Processes
Technology
·
Position
: Now that the reader understands the problem broken down by people, process, and technology, provide a clear statement of what your position is on the issue and why. (1/2 to 1 page)
·
Rationale
: Now that the reader clearly understands your position and why you will detail your position with supporting evidence and literature to persuade the reader your position is the most valid. You should address opposing views with counter arguments here also. Your position should have evidence directly addressing the issues you stated above broken down by the same (3-4 pages)
People
Process
Technology
·
Recommendation
: Now that you have convinced the reader on your position being the best way forward, you need to provide 3-5 discrete recommen.
·Write a 750- to 1,Write a 750- to 1,200-word paper that.docxhanneloremccaffery
·
Write
a 750- to 1,
Write
a 750- to 1,200-word paper that addresses the following:
Define religion.
Describe the theory of animism.
Explain the influence of religion on cultures.
Identify the seven major religions of the world.
Describe any four types of theism.
Format
your paper consistent with APA guidelines.
Include
a minimum of five references.
Limit
direct quotes to less than 10% of the total manuscript.
Criteria for grading
·
Introduction provides sufficient background on the topic and previews major points
·
Define religion
·
Describe the theory of animism
·
Explain the influence of religion on cultures (e.g., architecture, art, politics, social norms, etc.)
·
Identify the seven major religions of the world and provide one or two sentences about each
·
Describe any four types of theism (e.g., atheism, monotheism, ditheism, polytheism, pantheism, etc.) and provide an example of each
·
Conclusion
.
[Type here]Ok. This school makes me confused. The summary of t.docxhanneloremccaffery
[Type here]
Ok. This school makes me confused. The summary of this week they posted like this:
SUMMARY:
This week introduced you to grand theories and middle-range theories that serve to articulate the voice of nursing within healthcare.
Here are the key points covered:
Grand theories are comparatively more abstract than middle-range theories since they are at a higher level of abstraction. Compared to grand theories, middle-range theories are made up of limited number of concepts that lend themselves to empirical testing. All theories help to explain human health behavior.
· Sister Callista Royï's adaptive model theory is built on the conceptual foundation of adaptation. It identifies the positive role that nursing plays in the promotion and enhancement of client adaptation to environments that facilitate the healing process.
· Leiningerï's culture care theory is pertinent in the current multicultural healthcare environment where nurses are exposed to diverse cultures.
· Penderï's health promotion and disease prevention theory can be called as a "direction setting exercise" for nursing professionals. It believes in fostering the spirit of health promotion and disease and risk reduction.
From the chapter, Models and Theories Focused on Nursing Goals and Functions, read the following:The Health Promotion Model: Nola J. Pender
From the chapter, Models and Theories Focused on a Systems Approach, read the following:
The Roy Adaptation Model
From the chapter, Models and Theories Focused on Culture, read the following:
Leininger's Cultural Care Diversity and Universality Theory and Model
SO, THAT IS WHY I ASSUMED THAT HAS TO BE ONE OF THEM (Pender, Roy Adaptaion or Leininger)
ANYWAY, I AM PUTTING INFORMATION TOGETHER.
Week 4 Chapter 17
Models and Theories Focused on Nursing Goals and Functions
The Health Promotion Model: Nola J. Pender
Background
Nola J. Pender was born in 1941 in Lansing, Michigan. She graduated in 1962 with a diploma in nursing. In 1964, Pender completed a bachelor’s of science in nursing at Michigan State University. By 1969, she had completed a doctor of philosophy in psychology and education. During this time in her career, Pender began looking at health and nursing in a broad way, including defining the goal of nursing care as optimal health.
In 1975, Pender published a model for preventive health behavior; her health promotion model first appeared in the first edition of the text Health Promotion in Nursing Practice in 1982. Pender’s health promotion model has its foundation in Albert Bandura’s (1977) social learning theory (which postulates that cognitive processes affect behavior change) and is influenced by Fishbein’s (1967) theory of reasoned action (which asserts that personal attitudes and social norms affect behavior).
Pender’s Health Promotion Model
McCullagh (2009) labeled Pender’s health promotion model as a middle-range integrative theory, and rightly so. Fawcett (2005) decisively presented the differenc.
{
Discrimination
*
GENERAL DISCRIMINATION
+
RACIAL DISCRIMINATION
RELIGIOUS DISCRIMINATION
(on freedom of religion)
DISCRIMINATION ON SEXUAL ORIENTATION
(still weak protection)
GENDER DISCRIMINATION
(CEDAW)
TYPES OF DISCRIMINATION
NON-DISCRIMINATION in INT’L LAW
A. GENERAL DISCRIMINATION
Arts 1 & 2 Universal Declaration on Human Rights
Arts. 2 & 26 ICCPR
Art. 14 ECHR & Add. Protocol 12
B. RACIAL DISCRIMINATION
Int’l Convention against All Forms of Racial Discrimination (ICERD)
Art . 2: (1). Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
(2). States to take the necessary steps to adopt laws and measures to give effect to art. 2;
(3). States to ensure effective remedy, determined by competent judicial, administrative or legislative authorities, or by any other competent authority and enforce such remedies.
Art. 26: non-discrimination before the law and equal protection by the law
ICCPR
*
Justification for differential treatment
General Comment 18 HRC
Not every differentiation of treatment will constitute discrimination:
if the criteria are reasonable and objective
and the aim is to achieve the purpose which is legitimate
ICCPR cont.
*
“Racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life (art. 1)
States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction (art. 3)
RACIAL DISCRIMINATION-
International Convention on the Elimination of All Forms of Racial Discrimination
Direct discrimination: Indirect discrimination
Formal equality: Substantive equality
Discrimination in law: Discrimination in practice
Non-discrimination: negative protection
Equality: positive obligations -> special measures
Is there a hierarchy in the protection of discrimination?
Racial Discrimination (prohibition Jus Cogens);
gender based discrimination?
Religious-based discrimination??
Discrimination based on sexual orientation???
Discrimination (forms & grounds)
= Affirmative action/ positive action
Article 1.4 of ICERD:
Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or in.
`HISTORY 252AEarly Modern Europe from 1500 to 1815Dr. Burton .docxhanneloremccaffery
`HISTORY 252A
Early Modern Europe from 1500 to 1815
Dr. Burton Van Name Edwards (Van)
Tuesday – Thursday 3:30-4:45
Unistructure 247
Third Paper Assignment
Due Tuesday, December 13th
The third paper will be based on a book in the list at the end of the syllabus. These works are generally works of literature, with some concerned with philosophy or politics. The student’s task will be to show how the chosen work reflects or shows the influence of conditions and events in Europe that were operating at the time of the writing of the work. This is not a book report. I am not interested in plots or descriptions of the general argument of a given work. Instead, I am looking for an analysis of specific sections of the chosen work that may illuminate social and economic attitudes or contemporaneous conditions.
The paper should be 7-8 pages long.
You will be expected to give a 5-10 minute oral report based on your finding in the third paper. This oral report will be a significant part of your class participation grade.
.
^ Acadumy of Management Journal2001. Vol. 44. No. 2. 219-237.docxhanneloremccaffery
^ Acadumy of Management Journal
2001. Vol. 44. No. 2. 219-237.
A SOCIAL CAPITAL THEORY OF CAREER SUCCESS
SCOTT E. SEIBERT
MARIA L. KRAIMER
•̂ ' ' ' Cleveland State University
ROBERT C. LIDEN
University of Illinois at Chicago
A model integrating competing theories of social capital with research on career
success was developed and tested in a sample of 448 employees with various occupa-
tions and organizations. Social capital was conceptualized in terms of network struc-
ture and social resources. Results of structural equation modeling showed that net-
work structure was related to social resources and that the effects of social resources
on career success were hilly mediated by three network benelits: access to information,
access to resources, and career sponsorship.
Organizational researchers have begun to de-
velop increasingly comprehensive models of career
success using demographic, human capital, work-
family, motivational, organizational, and industry
variables (e.g., Dreher & Ash, 1990; Judge & Bretz,
1994: Judge, Cable. Boudreau, & Bretz. 1995; Kirch-
meyer, 1998). Although this work has provided
considerable evidence regarding the determinants
of career outcomes, the roles of informal interper-
sonal behaviors have not been fully explored (Judge
& Bretz, 1994; Pfeffer, 1989). Popular advice for
getting ahead in one's career rarely fails to mention
the importance of networking for the achievement
of career goals (e.g., Bolles, 1992; Kanter, 1977).
Indeed, Luthans, Hodgetts, and Rosenkrantz (1988)
found that the most successful managers in their
study spent 70 percent more time engaged in net-
working activities and 10 percent more time en-
gaged in routine communication activities than
their less successful counterparts. Recent advances
in social capital theory (Coleman, 1990) have begun
to provide a finer-grained analysis of the ways in-
dividuals' social networks affect their careers in
organizations (Burt, 1992, 1997; Ibarra, 1995;
Podolny & Baron, 1997; Sparrowe & Popielarz,
1995). This theoretical perspective has the poten-
Data were collected and the manuscript was submitted
and processed while Scott E. Seibert was in the Manage-
ment Department at the University of Notre Dame and
Maria L. Kraimer was a graduate student at the Univer-
sity of Illinois at Chicago. Support for this project was
provided by the Management Department at the Univer-
sity of Notre Dame and the Alumni Office of the Univer-
sity of Notre Dame. The current investigation is part of a
larger study of career success.
tial to considerably enhance scholars' knowledge of
the role of social processes in career success.
The first purpose of the current study was to
integrate the current conceptualizations of social
capital as they pertain to career success. Tbree dif-
ferent theoretical approaches—weak tie theory
(Granovetter, 1973), structural hole theory (Burt,
1992), and social resource theory (Lin, 1990)—
focus on different network properties as r.
`
Inclusiveness. The main difference that can distinguish a happy employee from disgruntled employee. As with all decisions that are made, there is always an audience that the decision will affect. When employees are privy and organizational decisions are inclusive to employees this can greatly increase their level of fulfillment. Whether or not the end user of the decision will be content with the outcome or not, there will always be critics. Which leads us to discuss key characteristics and the importance of involving employees in relative organizational decision making.
It is not uncommon to find that during strategic organizational planning that top-level management will include their employees to engage and provide their input on complex processes. Human capital, whether the organization is large or small, corporate ran or small business managed is key to an organization’s success. Employee satisfaction level drives productivity and is what increases revenue for the company. Happy employees equal happy customers.
What does it take to keep employees motivated? A critical and important element for employers to keep their employees happy and content is clear communication. It is critical that an organization’s objective and vision for future growth is communicated clearly throughout all levels. Top-level management must be skilled at delivering the company’s mission and values to every tier within their organization. Each tier within the organization with healthy communication should be able to open-mindedly accept the message and freely provide any feedback positive or negative without fear of repercussion. Keeping an open line of communication within an organization is key to building the foundation for success.
As we move away from the golden days of traditional office operations consisting of fax machines, telephones, paper, pencils, etc. and move towards a more technologically repertoire, we lose the personable face to face interaction with one another. We spend most of the day behind our computer screen at our desk. The need to sustain job satisfaction amongst employees could not be ever more present than now. To maintain the morale amongst employees, organizations should be able to keep them challenged and motivated. Take technology for example. If the increase of new technology isn’t daunting enough, consider the challenge to remain current with technology all the while maintaining a competitive advantage in the industry? Reach internally to our internal resource, human capital. Employees must be given the opportunity to share their knowledge, skills, and abilities. When empowered to provide input concerning highly visible organizational decisions, employee morale is boosted. Not only is this beneficial for employees but also the employer as they receive ideas and input that could possibly lead to the solution. Employee engagement boosts the overall welfare of the organization.
According to.
__MACOSX/Sujan Poster/._CNA320 Poster Presentation rubric.pdf
__MACOSX/Sujan Poster/._CNA320+Poster+Template (1).ppt
__MACOSX/Sujan Poster/._Helpful Hints for the Poster Presentation.docx
Sujan Poster/Poster Abstract - Aspiration pneumonia (1).docx
Title: Aspiration pneumonia: Best practice to avoid complications
Background
Aspiration pneumonia is a lung infection due to inhaled contents; this is a relevant topic because aspiration pneumonia is prevalent and accounts for up to 15% of all pneumonia cases and is particularly common in older people, and thus it is important for nurses to be aware of how to manage the condition particularly as the population is ageing so this will be of more concern (Kwong, Howden & Charles 2011).
Target Audience
The target audience for this presentation is experienced Registered Nurses and thus the presentation has been designed for this group.
Main Findings
Aspiration pneumonia is an infection within the lungs that occurs after a person aspirates either liquid, vomit or food into the larynx and lower respiratory tract; this can occur when an individual inhales their gastric or oral contents. Patients at risk include individuals who are elderly or those who have a marked disturbance of consciousness such as that resulting from a drug overdose, seizures, a massive cerebrospinal accident, dysphagia or dysphasia (Kwong, Howden & Charles 2011). Aspiration pneumonia can quickly develop into respiratory failure, abscess and empyema and this requires supportive care, which is the main form of therapy, however prophylactic antimicrobial therapy is also often prescribed (Joundi, Wong & Leis 2015). Best practice suggests suctioning, supplemental oxygen to keep O2 above 90%, septic shock therapy, management of hypotension and antibiotic therapy for 7-10 days. Sputum cultures should be taken so that antibiotics can be tailored appropriately (McAdams-Jones & Sundar 2012).
Implications for Practice
These findings are important for registered nurses to be aware of so that aspiration pneumonia can be managed appropriately and complications can be avoided, which could cause increased hospital stay and costs. Nurses need to be aware of the best practice recommendations such as oxygen supplementation, sit up while eating, provide thickened foods and drinks, dental care and about taking sputum cultures when managing aspiration pneumonia so that treatment can be tailored appropriately and recovery can occur quickly.
Feedback from marker (Teacher)
Thank you for your abstract.
You have just managed a pass grade, your work is very basic and you will need to engage with the basic practice literature to ensure you have a comprehensive understanding of this topic in your poster.
I am also unclear on your focus, is this about prevention of aspiration or management once it has occurred or both?
Kind regards Andrea
Sources of Evidence
Joundi, R, Wong, B & Leis, J 2015, "Antibiotics “Just-In-Ca.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Garrity Warnings To Give or Not to Give, That Is the Question By .docx
1. Garrity Warnings: To Give or Not to Give, That Is the Question
By Eric P. Daigle, Esq., Daigle Law Group, Southington,
Connecticut; and Secretary, IACP Legal Officers Section
s I travel the country and work with different police
departments, I am troubled by the inconsistency and the lack of
knowledge of police management regarding use of Garrity in
administrative investigations. I have learned that while
investigators and management are aware of the practice of using
Garrity warnings, as created by the case Garrity v. New Jersey,1
these warnings are misinterpreted and misapplied throughout
the United States.
In law enforcement organizations, the Garrity principle is an
important tool to provide officers the necessary protections
while still enabling departments to conduct thorough and
complete internal investigations. In a given agency, what is
more important: the criminal investigation or the discipline of
the employee for a violation of department policy? It may
matter whom one asks. In a given department, is a Garrity
warning given to compel a statement if there is a potential
criminal investigation?
During an administrative investigation of an officer, the agency
head or representatives (that is, internal affairs investigators)
are permitted to and generally should compel the subject officer
to truthfully answer questions that are narrowly tailored to the
scope of the subject’s job as a police officer. The basic
principle of Garrity is that when the statement taken from the
subject officer is compelled, the statement and the evidence
derived from the statement cannot be used against the subject
officer in a criminal action against the officer arising from the
same circumstances about which the officer was questioned.
This article attempts to clarify—or asks readers to consider—
whether agencies are applying Garrityprinciples inconsistently
2. because of a clear lack of judicial interpretation, creating the
perceived belief that the agency cannot question its own
employees.
The Garrity Principle
In Garrity v. New Jersey, the U.S. Supreme Court established
some straight forward rules regarding situations in which police
officers are compelled to provide statements to their employers.
Under Garrity, an incriminating statement obtained from an
officer who is compelled to provide the statement under the
threat of job loss if the officer invokes the right to remain silent
may not be used against the officer in a criminal proceeding.
The court found that such a statement is deemed coerced if the
officer is denied a meaningful opportunity to assert Fifth
Amendment rights. The court reasoned that it is unacceptable to
put an officer in the position of choosing whether to self-
incriminate or to risk job loss for invoking the Fifth
Amendment.
The application of Garrity warnings provides that an employee
can be ordered to cooperate in an internal or administrative
investigation and be compelled to truthfully answer questions
that are specifically, directly, and narrowly related to the
employee’s official conduct. Any statements made pursuant to
an order to cooperate in such an investigation—and any
evidence derived from that statement—may not be used against
the employee in a criminal proceeding. For Garrity to apply, the
statement must be compelled and not voluntary.
Garrity is a management prerogative that should not be part of
the collective bargaining agreement that would allow
subordinate officers the authority to invoke it to protect
themselves. The principle and its application have been
established by the U.S. Supreme Court, and there is no reason
for management to expand the privilege. Yet, why is the law not
being consistently applied? Many departments have taken
Garrity, allowed it to be stretched beyond its intended purpose,
and have applied a blanket application to routine parts of an
3. officer’s job duty or routine documentation of activities. The
result is the apparent exclusion or loss of important evidence
that may serve to quickly exonerate officers who have followed
department policy and quickly discipline officers who have
failed to follow policy. At the other end of the spectrum, some
departments have failed to shield involuntary statements
obtained through Garrity warnings from criminal investigators
or prosecutors. This practice has the effect of tainting
information obtained from these statements and the possibility
to render unusable other critical evidence in a criminal
prosecution.
Application of the Garrity Principles
On the operational side, when providing Garrity warnings, the
interrogating officer must inform the subject officer that
compelled responses cannot be used against the officer in a
criminal proceeding and will be used only for administrative
purposes. The officer must be told that failure to respond to the
questions asked during the administrative process may result in
discipline up to and including termination. Before a department
may discipline an officer for refusing to answer questions, it
must direct the officer to answer questions under the threat of
discipline and provide a warning that refusal to answer
questions will result in discipline or termination. In addition,
the questions asked must be specifically, directly, and narrowly
tailored to the officer’s duties or fitness for duty, and the
department must advise the officer that any responses will not
be used against the officer in a criminal proceeding.
The Garrity warnings, however, do not give an employee a right
to lie when giving a statement. On the contrary, if the employee
is provided Garrity warnings and a compelled statement is
obtained, the employee could be subject to criminal charges if
the employee makes false statements during the interview. If,
after being given Garrity warnings, the employee chooses not to
answer questions narrowly tailored to the officer’s job duties,
the agency can impose strong disciplinary action for this act of
4. insubordination up to and including termination.
While the practice of labor law is unique in specific areas, what
I have seen recently is an erosion of these basic principles
because of fear of what a labor board or civil service
commission will say or do in response to discipline imposed,
inadequate knowledge, or the perception and influence of
prosecutors who are more worried about their criminal
prosecutions than the integrity of the police force.
In McKinley v. City of Mansfield,2 the police department
conducted an internal administrative investigation into the
improper use of police scanners to eavesdrop on cordless
phones and cellphones, and interviewed more than thirty police
officers. One officer questioned under Garrity warnings was
Officer McKinley, who was interviewed twice following
allegations that he provided untruthful answers during his first
interview. During the second interview, the investigator made it
clear that he was interviewing McKinley a second time related
to allegations of lying during the first interview. Therefore, at
the time of the second interview, McKinley was under criminal
investigation for lying. McKinley, however, was still under the
Garrity warnings at the time of the interview. During the second
interview, McKinley provided statements that contradicted
statements made during the first interview and, in fact, admitted
to providing false statements. Once the internal investigation
was complete, investigators turned over the information they
had gathered, including McKinley’s statements, to the
prosecutor. Based on the findings of the internal investigation,
the department terminated McKinley—who was later reinstated
with back pay and benefits following collective bargaining
agreement arbitration.
McKinley, who was charged with falsification and obstruction
of official business, moved to suppress his recorded statements
provided during the internal investigation. The trial court
denied the motion, and McKinley was convicted. The appellate
court held that McKinley’s statements were inadmissible based
on the department’s agreement not to use his statements in any
5. prosecution against him and vacated the convictions. McKinley
then filed a lawsuit against the City of Mansfield and certain
police officials, alleging that they violated his Fifth Amendment
rights by forcing him to make incriminating statements that
were later used in a prosecution against him. The defendants
moved for summary judgment, which the trial court granted. On
appeal the appellate court reversed in part the trial court
decision and remanded for further proceedings.
The appellate court stated that as a matter of the Fifth
Amendment, Garrity provides that an officer’s compelled
incriminating statements may not be used in a later prosecution
for the conduct under investigation. Garrity, however, does not
preclude the use of compelled statements in the prosecution for
false statements or obstruction of official business.
Consequently, McKinley’s false statements during the first
interview could be used during the prosecution against him. The
compelled statements made during the second interview,
however, were still made under the promise of Garrity.
The appellate court stated that the investigator targeted
McKinley for a criminal investigation during the second
interview but still compelled his statements under Garrity.
Accordingly, the court held that McKinley could pursue his
claim against the city and the investigators for giving his
Garrity statements to the prosecutor, even though it was the
prosecutor’s decision to use the statements. Furthermore, the
investigators were not entitled to qualified immunity for their
actions.
Distinguishing between Statements and Routine Reports
Another area that needs to be addressed is the completion of
departmental reporting forms. Department personnel
must educate themselves as to when and how to utilize Garrity
warnings and when an officer’s statements are a necessary part
of the officer’s job and do not constitute a compelled self-
incrimination statement. For example, during the documentation
and reporting of a standard use-of-force incident, an officer’s
6. statement regarding the circumstances surrounding the event is
not a compelled statement under Garrity. To utilize Garrity
warnings for every use-of-force statement overly expands the
protections of Garrity.3
Back to the question with which we started. What is more
important—the criminal investigation or the discipline of the
employee for a violation of department policy? It appears that
prosecutors are overreaching and trumping the rights of police
chiefs to terminate employees by insisting that the employees
not be questioned as part of an administrative investigation.
From an operational perspective, while a criminal investigation
is important, is internal discipline any less important? While we
want to have criminal acts punished, is it not equally important
to complete an administrative investigation and take necessary
actions, including the timely termination of the employee? What
seems to have been forgotten is the fact that an agency head has
an obligation to make sound operational and personnel decisions
that are reflective of the integrity expected by the public. Police
chiefs have told me that prosecutors have instructed them that
administrative investigations must be suspended pending a
criminal investigation so as to not taint any potential evidence
that may be obtained through a compelled statement, rendering
it unusable during a criminal proceeding. It is, however, a rare
instance when such a delay is necessary, with one exception
being when the involved law enforcement institutions do not
fully respect and adhere to the legal parameters protecting
compelled statements from disclosure to anyone outside of the
administrative chain of command.
If departments conduct internal administrative and criminal
investigations simultaneously, they should be done in a manner
that does not compromise the integrity of either investigation.
In other words, during an internal investigation, investigators
should compel statements from involved police officers only for
a sound administrative reason. For example, though the
involved officer may have committed a criminal offense, it may
be more important to quickly complete the administrative
7. investigation and, if warranted, rid the agency of the officer
rather to endure the inevitable prosecution delays. In another
instance where criminal prosecution is clearly warranted, it may
be important to complete the administrative investigation and, if
warranted, discharge the officer prior to any criminal
prosecution so as to not be appearing to rely on a conviction as
the basis for the discharge. In any event, the agency has an
absolute obligation to the community and to the integrity of the
agency to thoroughly investigate and expeditiously conclude
administrative investigations.
Furthermore, if investigators provide Garrity warnings and
compel an officer’s statement, they may not provide such
statements to a prosecutor for use in a criminal proceeding
related to the matter under investigation. Providing a
Garritystatement to prosecutors for any purpose, even just for
review and even if not used during proceedings, will expose the
agency head and the department to an onslaught of lawsuits
from affected police officers. As with many legal issues, there
is a delicate balance of interests and priorities that must be
examined on a case-by-case basis.
Notes:
1Garrity v. New Jersey, 385 U.S. 493 (1967). 2McKinley v.
City of Mansfield, 404 F.3d 418 (2005). 3See Karen J. Kruger,
“When Public Duty and Individual Rights Collide in Use-of-
Force Cases,” Chief’s Counsel, The Police Chief 76, no. 2
(February 2009),
http://www.policechiefmagazine.org/magazine/index.cfm?fuseac
tion=display&article_id=1723&issue_id=22009 ( accessed
October 25, 2012).
Please cite as:
Eric P. Daigle, "Garrity Warnings: To Give or Not to Give, That
Is the Question," Chief’s Counsel, The Police Chief 79
(December 2012): 12–13.