Individual Rights vs. Public Order Introduction
To understand individual rights and public order there must be an understanding on what the advantages and disadvantages are. Many individuals don’t understand the power these two topics hold. They are also at times misinterpreted; some don’t now what their rights are and some think they know. On occasion some may try to abuse them when public order is in forced for example when making an arrest an officer reads you your rights, some individuals think if your rights are not read to you they may not make an arrest. This is were they feel as though their individual rights have been violated. Many are confused as to what they mean, and is why their needs to be an understanding of what the
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In our society, not only do citizens have individual rights, they also have rights as a national community. In other words, citizens have the right to safety, security and a reasonable expectation of peace. When a crime occurs against these rights, it is often called a crime against public order. In general, public order crimes are those, which violate the ability for us to function normally in our society. These crimes interfere with day-to-day operations and stand in conflict with what society considers moral and just. Law enforcement personnel are expected to protect society by enforcing laws to uphold public order. As with anything, there are advantages and disadvantages of public order. Unfortunately, we do not live in a perfect society and criminal behavior is something our society faces on a daily basis. If law enforcement personnel do not control public order, society loses respect for individual departments and agencies, as well as the judicial system as a whole. Advantages of Public Order The advantages of public order begin with laws being established that all citizens are expected to follow. These laws basically state that as a society, certain behaviors are accepted, while other behaviors are not (Public Order Act, 2008). . For example, the majority of citizens in this country will agree that child molestation is a
The criminal justice system is a used to protect our society from those who try to harm it. Departments such as courts, and police officers study the behavior of criminals; they want our communities to be safe. When a crime is committed these departments work together to protect the rights of our society and our own. As stated in the textbook, a crime is the “Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse” (Schmalleger). Our system is a balanced system, there are times where have to think about our own rights as one person, but there are also times where we have to include other people. We must think of our society and
Public order is thus necessary for the simple reason that, if order is not maintained, there will be total chaos. Society would have the freedom to do as they please in public; in turn this would put other citizens in danger. For example, the public order crime of driving while intoxicated, if not
Jurisprudence explores what would be the simplest manifestation of law so as to create a civil society society where both individual liberty and normative goals are practiced. Should the the aim of law be primarily centered on the protection of individual liberty or, instead, the normative goals geared toward the benefit of of civil society? The laws in any society ought to not be centered on normative goals it ought to conjointly defend individual liberty.
Individual rights are used by the Constitution of the United States to make sure that no government branch becomes more powerful than the other. This protects society against police brutality. Every criminal justice case must be conducted with fairness and equity, this is due process. Due process gives rights and
I personally identify with the public-order perspective because I think public safety is most important. Without public-order our country would be much less organized and wouldn’t be as safe for us to live in. I do believe every person is entitled to their individual rights until the safety of the community is at risk. There are many examples of how public-order keeps the community safe, here are just a couple examples.
Some people think assigning officers to communities can be rewarding and some people think it is a form of punishment. Whatever the case may be, people need some form of protection. Crime is very real. Today’s violence seems to go far past those standard reasons. As humans, people tend to overlook or forget who are there to protect the society from disorderly people. The good order of a community is important to those who lived and worked in the community. In other words, the little things matter to a person in his or her community. There will always be a person who cares and will take charge in the community.
The United States of America is a country that was founded on the idea that all citizens would have equal rights and freedoms. For the protection of the people, and to maintain order, law has been developed over time. Rights advocates are constantly pushing the boundaries of what the law should, or should not be. Individual-rights and public-order advocates are in a battle of balance, leaving the justice system to decide what the best solution is for all.
Kappeler, Sluder, and Alpert (2009) discussed a series of opportunity and organizational aspects of policing that contribute to deviance. These aspects are identified as legitimizing police deviance through the authority of law, public perception, isolating police/citizen encounters, and limiting and subverting police supervision (p.61). The police enjoy a legal authority and operational justification to operate in a way that would be seen as criminal behavior if any normal citizen would engage in
Immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. This controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and, how in addition to these rights secured by America's forefathers, a number of institutions have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, the criminal
Since the founding of the United States, the responsibility for enforcing laws has been given to state and local governments. The biggest strength that this distribution of power has granted is that the citizens can have a connection to their officers because they are feeling that they are being policed by one of their own. This keeps the law, law enforcement, and your connection to it close as opposed to (only) having it enforced by entities who do not know your area or the people that live in the area. Along similar lines, local policing provides the opportunity to build relationships with the people they serve, which can go a long way in reducing crime. Despite these two strengths, the biggest weakness is that local law enforcement agencies can, and often are both underfunded and understaffed, preventing the agency from being able to combat crime and help their communities to the level that they wish. The other big weakness to local law enforcement is that due to there being so many localities (most with their own law enforcement agencies), there can be some confusion to the overlap of jurisdictions. The alternative to local policing, which has been gaining some steam in the United States since the start of the 21st century, is placing the responsibility for law
Without having a criminal justice system there would be no order. Being in the law enforcement field, if it's being a police officer, probation officer, or even a correctional officer it is essential that everyone communicates with everyone. By colloaborating with each other it ensures that everyone is on the same page when it comes to things. Working together this way helps to create the same justice that we have for our victims but in our communities as well. In order for the criminal justice system to function effectively all three components of the criminal justice system is an essential part.
There are many challenges that law enforcement agencies faces when it comes to enforcing public safety at the same time protect the rights of individuals. This paper will focus on several key topics involving the relationship between public safety and individual rights. The first topic is the statutory authority and responsibilities of government officials, security personnel, and private citizens. The next topic involves the practices or laws relating to search, seizures, and surveillance by police, corrections, private citizens, and security personnel. This paper will also compare the laws relating to the use of
I negate the resolution, "Resolved: When the United States is engaged in military conflict, national security ought to supercede conflicting claims of individual rights. My value for the round is Human Dignity, or what can be defined as a respect for the individual and his or her rights and virtues. John Stuart Mill states that "Everyone who receive the protection of society owes a return for the benefit... but not to the point that it violates constituted rights." Thus those rights which are the fundamentals of human dignity must be maintained. No fundamental goal should ever undermine this fundamental goal. The criteria which must consistently achieve is the maintenance of a legitimate government, or a govt. that maximizes the rights of
In order to fully answer the question we must be able to fully define rights and discover how they relate and help democracy. Rights can be broken down into a number of sub categories and in this essay we will discuss the meaning of Civil and political rights but first and fore most “rights” are a number of civil, juridical and ethical rights of entitlement or liberty and are a set of regulating rules that allow people entitlement or to be owed to them. Rights are fundamental to many disciplines such as law and ethics. Civil and political rights are a branch of rights in which we will discuss, Civil and political rights are used to
Every single human being on this planet has rights. These rights are given to us through birth, and the day I was asked, what my human rights were, I found myself speechless. I did not know how to answer the question, which at the time sounded so easy. I forgot about the question that had me so puzzled, and just brushed it off, ironically six month later I get an assignment on the United Nations Universal Declaration of Human Rights. After reading this historic document, I realized how important human rights are. I believe most people take human rights for granted, we know they exist, but we don’t even know what they are