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Legally Defensible Training Records
Training
What does the Supreme Court ruling in Graham v. Connor say about police using force?
Envisage Technologies
The Supreme Court held in
Graham v. Connor
(1989) that whether departments are liable in civil "use of force" lawsuits depends on the objective reasonableness of the officer's actions given the particular facts and circumstances of the incident.
Training
What makes a record legally defensible?
Envisage Technologies
There are really two interdependent components of this question: defensible training and defensible records.
Training
Do we need to retain original copies of course completion diplomas?
Envisage Technologies
Generally speaking, no.
Training
What is spoliation and how can we avoid it?
Envisage Technologies
Spoliation refers to the failure to preserve relevant evidence. In some jurisdictions, it can serve as an independent basis for a lawsuit, but most commonly it results in a jury being instructed to make an adverse inference against the spoliator regarding the contents of the evidence.
Training
Can we just keep our records in a record book?
Envisage Technologies
Sure you could, in much the same way that your department could be using battle axes or bows and arrows instead of guns to defend themselves.
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