Navigating the Public Duty Doctrine in Law Enforcement

Episode 50 December 19, 2023 00:35:18
Navigating the Public Duty Doctrine in Law Enforcement
Guardian Mindset Podcast
Navigating the Public Duty Doctrine in Law Enforcement

Dec 19 2023 | 00:35:18

/

Show Notes

Episode Summary:

In this compelling episode of the Guardian Mindset Podcast, Attorney Eric Daigle returns to further explore the intricate concept of duty of care in law enforcement, with a special focus on the public duty doctrine. Building on the foundations laid in our previous episode, this discussion delves deeper, intertwining legal theory with human perspectives to offer a comprehensive understanding of law enforcement responsibilities.

We begin by examining the delicate balance law enforcement officers must maintain in differentiating between subjects and suspects in both non-criminal and criminal situations. This episode takes a close look at landmark legal cases such as South vs Maryland, Warren vs District of Columbia, and Shaney vs Winnebago County, dissecting their impact on the duty of care in the field of law enforcement.

Our conversation then shifts to the complex interplay between the legal and moral duties of care for officers, especially when dealing with individuals who are incapacitated or suffering from mental health issues. Attorney Daigle provides insights into the challenges and potential liabilities officers face in their tactical decision-making processes.

A crucial part of this episode is dedicated to clarifying the often misunderstood distinction between a 'suspect' and a 'subject', and why grasping this difference is essential for law enforcement professionals. We wrap up the discussion by underlining the importance of protecting and assisting those in need, while simultaneously ensuring the safety of all parties involved.

Tune in for an enlightening session that not only sheds light on the legalities but also humanizes the complex decisions faced by law enforcement officers daily. Join us as we navigate these challenging yet vital issues that are fundamental to the role of every law enforcement officer.

 
 
 

Other Episodes

Episode 41

April 24, 2023 00:47:48
Episode Cover

Lighthouse to the Community: Fostering Understanding Between Law Enforcement and the Public - Featuring FBI LEEDA Executive Director

Episode Summary: This episode of the Guardian Mindset Podcast features guest Jacques Battiste, the newly appointed Executive Director of FBI LEEDA. Discussing the changing...

Listen

Episode 54

June 26, 2024 00:44:18
Episode Cover

The “Artificial” Officer’s Dilemma: Balancing Intelligence with Integrity in Law Enforcement

Show Notes: In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle delves into the complex and evolving role of artificial intelligence in...

Listen

Episode 11

January 04, 2022 00:28:35
Episode Cover

Bystander Liability with Attorney Eric Atstupenas

At the 2021 Use of Force Summit, Attorney Eric Atstupenas sits down with Eric to discuss the current challenges facing law enforcement agencies related...

Listen