Judicial Process Ethics

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Questions and Answers

Under what circumstances can deputy sheriffs self-assign an investigation or other action that is not part of their regular assigned duties?

When they are subpoenaed to testify in a criminal matter

In emergency circumstances that require immediate action (correct)

With prior permission from their supervisor

When they are involved in a civil action

What is the role of employees in civil actions or disputes?

To provide legal advice to parties involved

To use their BSO position to intimidate parties involved

To adjudicate the action or dispute

To recommend persons seek legal counsel (correct)

What should employees do if they are involved in a civil action arising out of their employment?

Use their BSO position to intimidate parties involved

Notify the Sheriff before filing suit (correct)

Seek legal counsel

Notify their supervisor immediately

What should employees do if they are sued as a result of an incident arising out of their employment?

Notify their supervisor and Risk Management immediately Signup and view all the answers

What is the policy regarding employees' appearance in court?

Employees must wear official uniforms or civilian clothing conforming to BSO standards in court Signup and view all the answers

What should employees do if they are subpoenaed to testify for the defense in a criminal matter?

Contact the prosecutor and supervisor immediately Signup and view all the answers

What is the expectation for employees' demeanor in court?

To maintain a professional demeanor Signup and view all the answers

Who can employees contact if they need legal guidance while testifying in a criminal matter?

The Office of the General Counsel Signup and view all the answers

What is the primary reason for permitting an arrangement between a criminal and a victim?

In the interest of justice and with supervisor's knowledge and consent Signup and view all the answers

When is it acceptable for an employee to request charges against an arrested person be dismissed?

In the interest of justice and with the knowledge and consent of the commander Signup and view all the answers

What is an example of an exception in the 'interest of justice'?

When the action strengthens or makes possible the prosecution of a more serious offender Signup and view all the answers

What is prohibited by the policy regarding cases under investigation?

Interfering with investigations of cases assigned to other employees Signup and view all the answers

Why must an employee obtain the knowledge and consent of the State Attorney?

To take part in negotiating a compromise Signup and view all the answers

What is the purpose of the policy regarding the judicial process and cases under investigation?

To ensure justice is served and the law is upheld Signup and view all the answers

When can an employee negotiate a compromise with a defendant?

In the interest of justice and with supervisor's knowledge and consent Signup and view all the answers

What is prohibited by the policy regarding judicial process?

Initiating or encouraging promises or arrangements between criminals and victims Signup and view all the answers

Study Notes

Judicial Process and Cases Under Investigation

Employees are prohibited from interfering with the judicial process, including initiating or encouraging agreements between criminals and victims to escape punishment.
Employees cannot take part in negotiating compromises for defendants to escape punishment, except in the interest of justice and with supervisor approval.
Employees are not allowed to seek continuances, dismissals, or leniency for defendants, except in the interest of justice and with supervisor approval.

Exceptions in the "Interest of Justice"

Examples include:
- Strengthening the prosecution of a more serious offender
- Obtaining knowledge and consent of the State Attorney

Interfering with Cases Under Investigation

Employees are prohibited from interfering with:
- Investigations assigned to other employees
- Operations of other districts, divisions, or sections
- Arrests or prosecutions brought by other employees, agencies, or authorized persons

Self-Assigned Investigations

Employees are not allowed to self-assign investigations or actions outside their regular duties without supervisor permission
Exceptions are made for deputy sheriffs in emergency situations, who must notify supervisors and submit a written report as soon as possible

Civil Suits

Employees are prohibited from:
- Presuming to adjudicate civil actions or giving legal advice
- Using their BSO position to force or intimidate others to settle civil disputes
- Failing to notify the Sheriff before instituting a civil action related to their employment
- Failing to notify their supervisor, Risk Management, and Office of the General Counsel when sued as a result of their employment

Court Demeanor

Employees must wear official uniforms or civilian clothing conforming to BSO standards in court
Employees are not allowed to appear in court in a BSO uniform unless testifying as a result of their official duties
Employees subpoenaed to testify for the defense must notify their supervisor and prosecutor
Employees must maintain a professional demeanor and appearance in court

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Description

This quiz covers the ethical guidelines for employees involved in judicial processes, including prohibited actions and exceptions for the interest of justice.