Individual Rights Versus Public Order.

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Individual Rights    

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 that safety is a high priority, on the other hand, how far are we going to allow the government to go in regards to protecting Americans?  We will never feel completely at ease and continue to feel vulnerable.  Supporters that agree protecting ourselves by any means with increased funding for local law enforcement, abolishing the Miranda rights and spending more for the fight against terrorism are classified as public order advocates.

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        Public order advocates are among the majority here in the United States and became an even higher majority following the terrorist attacks on September 11.  Several Americans stand firmly behind the recent call for increased funding to help protect us against future terrorist attacks.  They feel that as long as we are promised homeland security, the government, in turn, can invade our privacy in order to protect us.  This protection gives law enforcement the right to practice racial profiling and denying people their civil rights   For example, after the September 11 attacks, government officials began targeting those of Muslim ...

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