¶ … criminal justice are that of public order and that of individual rights. While each side has its merits and in some sense complements the other, there are those who favor either perspective. Public order advocates argue that the safety of citizens and the cohesion of civil society is paramount. Individual rights advocates are more focused on the autonomy of each person, even where it threatens the cohesion of society. Without some degree of social cohesion, it would be impossible for the state or society to exist in any effective capacity. In this case, it is difficult to see who would ensure the protection of individual rights. Similarly, a society that fails completely to protect any individual rights is ultimately serving none of the people within it and will end up collapsing. Therefore, there is a balancing act between the two perspectives that is necessary.
In many cases, it is difficult if not impossible to foresee all of the possible effects that decriminalizing a specific activity can have. This makes it difficult to decide whether or not a public order or individual rights perspective should be dominant in each conversation. For example, Colorado's recent decriminalization of marijuana has been the subject of many studies, ranging from DUI rates to economic impact to effects on the community's
In most of these cases, even now, it is too early to determine the exact effects that cannabis is having.
Looking retrospectively at history, the individual rights perspective comes out looking much better than the public order perspective. For example, there was a point when it was illegal in every state for certain sex acts, including homosexual sexual intercourse, to occur (Nagourney 2003). A public order advocate might have argued that those acts violated the morality of the society and therefore threatened social cohesion. Today, it is difficult to be sympathetic to such a view, and most people are glad that these acts have been decriminalized at the federal level. Laws relating to abortion, and their public reception, are rapidly coming to a similar point.
At the same time, there are those cases where it can be argued that a public order perspective has won out. For example, our society's understanding of rape has evolved quite a bit over the last few decades. There was a point when the idea of "marital rape" would have confused many people, and certainly most forms of sexual harassment…
Individual rights advocates have always held that the criminal justice system must endeavor to protect the personal freedoms of individuals. On the contrary, public order advocates do believe that under certain circumstances involving criminal threat to the public safety, societal interests should take precedence over individual rights. Criminal justice is synonymous with law enforcement. The criminal justice system insulates both the accuser and the accused from any form of impartiality by
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a case in which the Petitioner was accused and the interrogation was set up to make the Petitioner admit his criminal actions so that incriminating
Community Safety: Community policing is a fairly recent addition to criminal justice policy. Through this policy, the community and police work together in order to ensure a safer community. This also serves to optimize the relationship between the general community and members of criminal justice agencies. Domestic Safety: Criminal justice policy also focuses on ensuring the safety of individuals. Cases of domestic violence for example have become an increasing problem in
Criminal Justice Trends The trends of the past, present and future that outline the borders connecting the criminal justice system components and their links adjoining the society is, beyond doubt, an authentic relationship that the law and society have established. Criminal justice has been affected by various trends in the times gone by. This is because trends keep changing with the passage of time. Therefore, it is exceedingly important for the
Criminal Justice System: Ethics in Criminal Procedure Ethics refers to the principles of morality that govern an individual's behavior. Ethics, therefore, provides the basis through which an individual defines, and distinguishes between the good and the bad. This implies that it is ethics that provides the framework for the duties and responsibilities an individual owes to himself, and to the community. Today, ethics define how corporations, professionals, and individuals relate with
Criminal Justice: On September 18 at around 2:30 PM, the victim, a famous citizen in the community was assaulted and robbed of his wallet by the defendant on his way home. The victim was not only assaulted but he was also pushed against his car and threatened with a knife. The crime generated huge media attention because of the victim's popularity as calls for speedy arrest and conviction of the criminal
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