I need 3 pages answer the following questions please mark the question and the answer.
1.Pembaur and City of Canton
This discussion is based on two legal cases: Pembaur and City of Canton. Please respond to both sets of questions. ◦A. There are several lessons to learn from the case Pembaur v. City of Cincinnati et al.(1986). First, if you are a police officer and are going to knock down a door with an axe make sure you have the right people. This case basically asks if it is legal to search a person’s home or business to serve an arrest warrant without having a search warrant. The courts found that it is a violation of constitutional rights.
“What are the implications of treating the statement by the prosecutor, ‘to go in and get’ the witnesses, as official government policy? Do you think the prosecutor foresaw that it would lead the police to chop down Pembaur’s door? Would a reasonable administrator foresee such a consequence?” (Rosenbloom 2000, p. 56).
◦B. The case City of Canton, Ohio v. Harris (1989) focuses on the failure of a city to train its police officers to provide medical care to a detainee. “Restate the standard under which municipalities may be held liable for failure to train. Are you personally aware of a failure to train in your local government that could trigger liability?” (Rosenbloom 2000, p. 59).
2.Qualified Immunity
Prior to 1971 public employees and officials were granted absolute immunity. This meant that government employees were not held accountable for their actions. Take for example the Spalding v. Vilas case, in which a government employee was not held responsible for slandering a business owner’s reputation. Can you imagine a U.S. postmaster today circulating a letter to all your friends and business associates stating that you were a thief. You would immediately hire an attorney and sue the U.S. Post Office along with the post master and the media would be all over the story! However, prior to 1971, you would not find any relief from the courts because government employees were immune from liability. Today, however, thanks to the Harlow case public administrators can now be held accountable for their actions. This means that public administrators cannot violate an individual’s constitutional rights of which a “reasonable person” would have known.
Pulling directly from question 2 on page 53 of the court cases read for this week, respond to the following questions. “Does this mean that the “reasonable person” standard is really one of administrative competence, as assessed by judges? How can an administrator develop reasonable knowledge of the constitutional rights that bear on his or her job? How can the judge determine what reasonable knowledge of this kind an administrator should have? Do you think that judges are likely to understand public administration well enough to make sound decisions in this regard?” (Rosenbloom, 2000, p. 53).
3.Constitutional Competence
In the past, public servants used to be immune from lawsuits. However, today as a public servant there is a chance that you or your agency will get sued. In other words, public servants have qualified immunity. In order to protect yourself, you should be up to date on constitutional law. In other words, public administrators are required to be constitutionally competent. Are you? Do you own a copy of the constitution? Do you know what constitutional rights an individual has? Have you ever been involved in litigation as a public servant? If so, what was the circumstances and what did you learn from the experience?
4. Separation of Powers System v. Parliamentary System
In Part 5, the comparative context, Rohr discusses ethical issues in Great Britain and France. The key difference between countries in western Europe, such as France and Britain, is that these governments operate under parliamentary systems, whereas the U.S. operates under a system of separation of powers. First, what is the fundamental difference between these two systems? How might this key difference create obstacles in implementing ethical behavior and checks and balances in the executive and legislative? What about ethics among bureaucrats who wield an enormous amount of discretion?
5. Ethics and Administrative Culture. The discussion on comparative governments and ethics also brings up the dilemma of administrative culture. The Weberian bureaucracy, which is what most government structures are based on, does not operate the same in the Middle East as it does in Latin America as it does in the United States. Government’s have distinct cultures, which allows for variation in ethical behavior among public servants. What is ethical is China is not ethical in the U.S. and will probably land you in jail. So when we speak of ethics, it is important to remember that the definition of ethics varies across countries regardless if the country uses Weber’s ideal-type bureaucracy. Furthermore, the scope of the problem also varies. For example, Mohamed Soharto, political leader of Indonesia stole between $15-35 billion from its country, where as the U.S. typically does not witness such large amounts of money being stolen from our government (that we know of). Relying on the Global Corruption Report, what is the scope of political corruption and what is recommended to decrease corruption? Do you think these suggestions will work? According to the POGO website, what U.S. contractors are involved in corruption?
Sources:
•John Rohr, Public Service Ethics & Constitutional Practice, pp. 123-136
•Also read Cases 2.1 to 2.4, pages 51-61 located in Sakai, Files Directory, course reserves. This includes excerpts from the following cases: Harlow v Fitzgerald (1982) – qualified immunity, Pembaur v City of Cincinnati (1985) – municipal liability, City of Canton Ohio v Harris- failure to train, and Harley v Schuykill County (1979) et al – public administrator’s right to disobey. Again, these are excerpts, if you would like to read the cases in full go to http://www.findlaw.com/casecode/supreme.html
and I will sent power point also.
Use the order calculator below and get started! Contact our live support team for any assistance or inquiry.
[order_calculator]