Although policies can be selectively written to protect one or more of these groups, in the end, the unfairness of a selectively written policy will prove detrimental to everyone. Such a policy can be given to a jury, and the jury's mere reading of the policy gives the jury understanding as to why an officer took a particular action, or inaction. When an officer has discretion within policy guidelines, it may help him in a lawsuit. Policies need to be constantly reviewed, updated when needed, and then reissued. Policies can give officers valuable guidance in the performance of their duties.
Policies can also help to meaningfully reduce liability.
However, poorly written or unenforced policies can significantly increase liability for the officer as well as his employer. The implementation of well- drafted policies is a first step in officer accountability. Copyright 1994 by the authors. All rights reserved.