Individual Rights Versus Public Order.
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Individual Rights Versus Public Order Rough Draft Norma Enriquez CJA 320 Joseph Cain October 16, 2003 Individual Rights Versus Public Order The American justice system faces difficult obstacles daily. A crime occurs and a series of actions proceed. Law enforcement responds the court hears the case and our correctional facilities face overcrowding with our overwhelming need to punish and incarcerate. Every aspect of this system has come under scrutiny with members of society falling under one of two categories: individual rights or public order advocates. One seeks justice with regards to human rights, the other, will sacrifice those rights in return for the safety of its citizens and threats to its homeland. The nature of the individual rights advocate is to hold true what is written in the Constitution, specifically the first ten amendments. "These rights are especially important to criminal defendants facing formal processing by the criminal justice system" (Schmalleger 9). Those accused of committing a crime have rights granted upon arrest beginning with their Miranda rights. Consequently, many people believe that if there is a threat to public safety, certain rights should give way in many instances.
The expanded police powers created under the legislation are not limited to investigations of terrorist activity, but apply to many different criminal offenses" (Schmalleger 8). The act allows law enforcement to not only profile those of Middle Eastern descent, but any other race they feel is a threat. This is an example of what it means to be for public order rather than individual rights because under this Act, a person can be arrested and held without their civil rights being respected. . Instead, they can be questioned and held for any particular amount of time as long as law enforcement deems it necessary. As an individual rights advocate, I believe this will lead to profiling and other modes of singling citizens out solely on suspicion. There are strengths and weaknesses on both sides of these two classifications. How much power do we want to give law enforcement when it comes to arresting and detaining people and when do we decide that too much is too much? There will continue to be the threat that the United States could see another terrorist attack, since September 11, we as Americans feel very unsafe and uneasy.
Individual rights or public order advocate, who really cares, we all want the same thing. The American dream lives on in people and they strive daily to reach it. People stand firm behind what our founding fathers preached, whether they intended to include all people at that time is still a question but we still stand behind the notion that we live in a country we love and we will fight for that country by any means necessary. If there is a threat to Americans, we better fight back and fight back hard! If there is an injustice we need to conquer it, if there is anything broken anywhere, we better be the ones who fix it for we are the United States, the most powerful country in the world. The debate between our civil, human and individual rights and our protection as a society and a country should go hand in hand by empowering the citizens of our country, by building a country that others can model, a country that is diverse yet strong. We need to shift our attention towards ourselves and not hide behind fear masked with a constant need for war. ?? ?? ?? ?? Individual Rights
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