Analyzing the Consent Decrees Essay

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consent decrees' deal with the issue of police accountability.

Origin of Consent Decree

Consent decrees refer to settlements contained within court orders. Courts ordain the injunctive relief remedy against the accused and consent to maintain their jurisdiction over a case, for ensuring the party/parties follow the settlement.

Injunctive relief represents a court-imposed remedy wherein one of the parties in the case is directed to do something, or refrain from doing it. Disobeying the order might make the court pronounce the given party as being in contempt, leading to the imposition of other penalties.

Complainants in court cases normally prefer the option of consent decrees, as these agreements have the court's power backing them. Further, an accused, wary of publicity, will also usually prefer this sort of agreement, since it limits exposure of details that are injurious to him/her (Consent decree legal definition of consent decree). On the other hand, those who oppose the consent decree option contend that a federal district court can assert unwarranted power over defendants through these agreements. Furthermore, they claim that the federal courts also impose certain conditions on local and state governments in cases falling under the "civil rights" category, which usurp state power.

A majority of civil cases will typically be settled prior to the trial phase, with most settlements being out-of-court agreements among the two parties. Normally, complainants file motions dismissing the case they filed after signing of the settlement. Subsequently, the court will issue an order for case dismissal; thus causing closure of the case. However, if the accused party fails to meet settlement terms, the complainant cannot reactivate the old case. In other words, a new suit has to be filed, and the complainant has to seek ultimate intervention for processing the case.

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For more complicated civil cases (such as those involving industrial/business conduct), and in case of governmental action against corporations relating to alleged violation of regulatory laws, the consent decree option is often part of settlement agreements (Consent decree legal definition of consent decree). Courts maintain jurisdiction as well as oversee settlements for ensuring properly execution of the terms of settlement. Defendants may be threatened with contempt orders to ensure they refrain from delaying action or trying to circumvent the agreement's intent. Moreover, settlement terms will be public. There are particular kinds of lawsuits that necessitate issuance of consent decrees by courts. In case of class action case settlements, the Federal Rules of Procedure's 23rd Rule requires federal district courts to ascertain if any proposed case settlement is reasonable, fair, and adequate prior to approving it. Courts have to review consent decrees put forward in Justice Department-filed antitrust lawsuits, under the 1974 Antitrust Procedures and Penalties Act. The statute instructs courts to review particular items, such as whether or not the decree promotes the interests of the public (Consent decree legal definition of consent decree).

Pattern of Practice

Such cases are usually class action….....

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