Police Authority vs Individual Rights - 1065 Words

It is easy for police to get caught up in the idea that it is them against the rest of society (Barkan, 2012). Many citizens in today’s democratic society have a negative or fearful view of our law enforcement. Think back to grade school, who was that one kid in class that everyone was annoyed by or despised? Most people would answer the teacher’s pet or the tattletale. We have grown up from a young age to have a negative view towards those that get us into trouble when we think we can get away with something we know is wrong. In the adult world, the police force can equate to those tattletales. The overall basis for a democratic society is freedom. We stress that freedom allows us to be individualistic. Herbert L. Packer, a law†¦show more content†¦Throughout all realms of the criminal justice system, it is hard to use discretion when arresting or prosecuting people. Another difficulty that police in our democratic society face is the discrepancy between their own personal freedoms and upholding the law, their job (Barkan, 2012). Police officers are allowed to think what they want or say how they feel, a right granted to them in the Bill of Rights. However, under the badge, police officers are required and expected to abide by the laws of the United States. Sometimes, the level of authority police hold in this situation can get them into trouble legally. This is what we call police misconduct (Barkan, 2012). One of the most notorious police scandals in history was the LA antigang Rampart Division scandal. In 2000, Rafael Perez, an LA police officer was arr ested for stealing drugs. In exchange for a plea bargain Perez notified authorities of other corruptive instances in the Rampart Division. More than 70 officers were scrutinized for these acts (Barkan, 2012). Overall, it is agreed upon that there needs to be a definite balance between public safety and individual freedom (Barkan, 2012). This balance, which rides on a fine line in our society, is difficult to determine. That is why police, prosecutors, and any members of our criminal justiceShow MoreRelatedThe Civil Liberties Of The United States Essay1513 Words   |  7 PagesCivil liberties is the individual rights and freedoms that government is obliged to protect, normally by not interfering in the exercise of these rights and freedoms. However, over the years the rights for the people have either have become open and free or it has become restrictive. The bill of rights in terms of scope in civil liberties protection has changed by three paths such three paths are increased in authority of federal government, the Supreme court shifted its interpretation of constitutionalRead MoreEssay on The Act of Search and Seizure in the United States978 Words   |  4 Pagesalleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of coercion. Although it is unlawful, most citizens do not know what police officers can and cannot do in respect of their human rights. The act of search and seizure is derived from the Fourth Amendment of the U.S. Constitution. The FourthRead MoreExclusionary Rule vs. Private Security: A Case Study673 Words   |  3 PagesExclusionary Rule vs. Private Security The exclusionary rule is a rule that disallows the use of illegally obtained evidence in criminal trials (Exclusionary Rule). Security officers, in general, usually have the same authority as a citizen. The exclusionary rule generally does not apply to private security unless it is abusive or becomes an invasion of privacy (Chapter 7: Security and the Law). Facilities that hire private security personnel should always have clear policies on what is andRead MoreHypothetical Cases754 Words   |  4 Pagescase of Terry vs. Ohio an agent conducted a limited pat-down search on suspects. Based on stop and frisk the detective Martin McFadden observed two men, John Terry and Richard Chilton, walking back and forward along an identical route. They were joined by a third man, Katz, who left after a brief conversation. McFadden followed terry and Chilton and saw them rejoin with Katz a couple of blocks away. The officer approached them and asked their names. He patted down the individuals finding two weaponsRead MoreOver The Past Decades The Fourth Amendment Of The United1586 Words   |  7 Pagesprovides individuals their rights, and assures that law enforcement uses proper discretion. The median personnel in all cases involve law enforcement agencies. Generally speaking, if there is a court cases dealing with the Fourth Amendment, there was an initial incident that included law enforcement, such as a police or sheriff. Every law enforcement officer is also required to ensure that they comply with the law and uphold Police Civil Liability. Issues that directly affect a person’s rights in theRead MoreCriminal Law Vs. Private Law905 Words   |  4 PagesCriminal Law vs. Private Law The Rule of Law, as expressed through Canadian criminal law is important as our laws embody the basic moral values of society. The primary aims of criminal law are to protect the public and preserve peace (Barnhorst Barnhorst, 2013). Law also imposes limits on our actions and guides our choices in conduct. The conditions of the Rule of Law ensure that no individual, government or parliament is treated as above the law, and that everyone must obey the law or they mustRead MoreScenario Involving Civil Liability and Civil Action986 Words   |  4 Pagesbrought against the police officer, the department and the city. After addressing these issues, I will have described a scenario involving a civil liability and a civil action. When identifying the four alleged crimes and the one criminal civil action, regarding this scenario project, the four alleged crimes are: 1) attempted robbery, 2) drug possession, 3) carrying a gun, and 4) assault and battery. After speaking to a female victim, Officer Jones noticed an individual who partially fit theRead MoreThe Role Of Custodial Torture And Its Removal Of Body Parts Essay1560 Words   |  7 Pagesof international community as the problem is universal and challenge is almost global. The US Supreme Court in case of Munn vs. People of Illinois observed that life is not merely an animal existence. The soul behind the bar cannot be denied the same because such person does not cease to be a human being. Just being in prison does not deprive them from their fundamental rights. International law prohibits torture and other forms of inhuman and degrading treatment, which cannot be accepted under anyRead MoreLaw Enforcement Should Be Equipped With Body Worn Cameras1749 W ords   |  7 PagesPolice brutality of minorities has brought us as a nation to discuss whether law enforcement should be equipped with body-worn cameras. As we are aware technology today has advanced exponentially - far beyond our imaginations cellphones and other electronics devices are equipped with the most awesome digital features. These devices provide citizens the capability to record anything they desire capturing the good bad and ugly including police misconduct. Last year alone, 120 million smart phonesRead MoreThe Policies Of Government During The 1980 S1569 Words   |  7 PagesThe right to livelihood after the 1980 the policies of Government was rather concerned with the developmental work all along and even ignoring the basic human rights of people or the mass at large. Such policies were given importance and the government of that time tried very hard to forcibly evict people and to displace them to fulfill the developmental needs. one such case which came during the 1980s OLGA TELLIS VS. BOMBAY MUNICIPAL CORPORATION, in this case through the section 7 of BOMBAY MUNICIPAL