Failure to protect the public at large
AI Overview
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“Failure to protect the public at large” generally refers to the neglect of a duty to ensure the safety and well-being of the general population, potentially leading to harm. This concept can be applied in various contexts, including:
1. Government and Law Enforcement: Governments and law enforcement agencies have a responsibility to maintain public safety and protect citizens from harm. Failure to do so, such as inadequate policing or failure to respond to emergencies, can be considered a failure to protect.
2. Child Welfare: In child welfare, failure to protect often refers to a parent or caregiver’s inability to safeguard a child from harm, including neglect or abuse by others. This can encompass situations where a parent is aware of abuse but does not intervene or take steps to protect the child.
3. Professional Negligence: In professional settings, individuals may be held liable for failing to protect others from harm if they have a duty of care and fail to exercise reasonable care. For example, a security professional at a large event might be held liable for failing to prevent a dangerous situation.
4. Civil Rights Violations: Civil rights laws protect individuals from various forms of harm, and failure to protect can be a violation of these rights. For example, the failure of law enforcement to protect individuals from violence, or the failure of a government to protect its citizens from environmental hazards, could be a violation of civil rights.
Key Elements of Failure to Protect:
- Duty of Care: A legal or moral obligation to protect another person or group from harm.
- Breach of Duty: Failure to meet the required standard of care.
- Causation: A direct link between the failure to protect and the harm suffered.
- Harm: The actual injury or damage suffered by the protected party.
Consequences:
The consequences of failure to protect can vary widely depending on the context and severity of the failure. They can include:
- Criminal charges: Such as neglect, endangerment, or even manslaughter in cases involving death.
Civil lawsuits: For damages resulting from the harm caused by the failure to protect. Professional sanctions: Such as license revocation or suspension. Social stigma: Individuals or institutions may face public criticism and loss of reputation.
Examples:
- A police officer who fails to respond to a 911 call about domestic violence, leading to the victim being seriously injured, could be liable for failure to protect.
A parent who leaves a young child alone at home for an extended period, knowing there is a risk of harm, could be charged with neglect or failure to protect. A hospital that fails to properly monitor a patient who later commits suicide could be sued for failure to protect.
Section 1983 Liability for Failure to Act
Section 1983 of the Civil Rights Act of 1871 creates a federal cause of action against state officials who deprive private citizens of their constitutional righ…
Chicago Unbound
Public Authority Liability for Careless Failure to …
Jan 8, 2024 — Lord Toulson, with whom Lord Neuberger, Lord Reed, Lord Mance, and Lord Hodge agreed, began by explaining why, as a general position, there is no lia…
De Gruyter Brill
State Responsibility for a Failure to Prevent Violations of the Right to …
Feb 8, 2021 — 1. INTRODUCTION. The purpose of International Human Rights Law (IHRL) is to protect the inherent dignity of all human beings. It aims to achieve this…
Oxford Academic
‘Failure to Protect’ Laws Can Harm Moms and Kids – The Imprint News
Dec 11, 2023 — Neglect is the leading cause for children to be placed under the courts’ jurisdiction. Failure to protect is often considered as neglect or emotiona…
The Imprint
Law Enforcement Misconduct – Department of Justice
Jun 7, 2023 — A violation of § 242 is a felony if one of the following conditions is met: the defendant used, attempted to use, or threatened to use a dangerous we…
Department of Justice (.gov)
Federal Civil Rights Statutes – FBI.gov
The law provides for a maximum 10–year prison term, unless death (or attempts to kill) results from the offense, or unless the offense includes kidnapping or at…
FBI (.gov)
The Role of Professional Protection in Ensuring Public Safety at …
Apr 22, 2024 — Professional protection plays a crucial role in ensuring the safety of the public at large events. Security professionals are trained to anticipate …
Overton Security
What is failure to protect? Simple Definition & Meaning – LSD.Law
Example: A father who leaves his young child alone at home for extended periods of time without proper supervision is also guilty of failure to protect. Explana…
LSD.Law
Public Safety in Your Community – PublicInput
Usually government enforcement agencies such as police, fire and emergency response teams are on hand and responsible to ensure and maintain public safety. Publ…
PublicInput
Why Is Public Safety Important for Communities? – Joe Perciavalle …
Public safety is key to making communities strong and vibrant. It’s not just about lowering crime but creating a space where everyone feels secure and supported…
Vocal
Dive deeper in AI Mode
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De Gruyter Brill
Public Authority Liability for Careless Failure to …
by S Steel · 2023 · Cited by 1 — A public authority is potentially so liable when one or more of the facts which generates a special duty of care in relation to a pure omission (nonfeasance) …
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Reddit · r/AskWomen
30+ comments · 10 years ago
What do you think of failure to protect laws?
Failure to protect laws mean that a parent can be punished (prosecuted, or children taken away etc) for permitting another person’s abuse of that child.
Missing:public | Show results with: public
Quora4 answers · 9 months agoIf law enforcement officials aren’t obligated to protect …
If law enforcement officials aren’t obligated to protect the public, then are roadblocks for an individuals safety, unlawful?
No, not at all. Various courts have put very strict limitations on safety checks that have got …More
Top answer · 2 votes
When there’s a “roadblock”, it’s for society’s safety, usually. Yours is a ludicrous premise.More
1 vote
Chicago Unbound
Section 1983 Liability for Failure to Act
by LE Heinzerling · 1986 · Cited by 24 — Section 1983 creates a cause of action against state officials for depriving citizens of rights, but states are not liable for inaction under the 11th …
Legal & Liability Risk Management Institutehttps://www.llrmi.comFailure to protect
Jul 10, 2018 — If the governmental duty is one owed to the public at large (public duty), then there is no liability on the government for failure to protect a …
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120+ comments · 2 years ago
Police no duty to protect : r/supremecourt
The American police have no legal obligation to protect the public as of Aug 7th 2024. This has been said numerous of times plus you can simply …
Department of Justice (.gov)https://www.justice.govDeprivation Of Rights Under Color Of Law
May 31, 2021 — Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege …
Quora4 answers · 1 year agoWhat is the significance of law enforcement having …
Specifically, LEOs are under no legal obligation to do anything at all but to protect the public at large. Given the chance, the vast …
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Failure to Protect Laws: Who is Actually Being Protected …
Northwestern Undergraduate Law Journal
Failure to Protect’ Laws Can Harm Moms and Kids | The Imprint
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Failure to Protect Laws: Protecting Children or …
by BM Ewen — Failure to protect laws have several unintended consequences that may perpetuate or increase harm to the IPV victim as well as to children.
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