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. I agree