Justice Vs. Security

Paper Summary:

The paper examines the literature to explore how the use of mass communication and innovations in technology have affected security and justice issues. The paper also looks at how the rights of American citizens have been adversely affected by the USA PATRIOT Act and other recent legislation. The paper believes that when and if the current real and perceived threats against the nation are resolved, the concept of justice will reassume center stage and civil rights advocates will demand the rights guaranteed them by the U.S. Constitution rather than the watered-down rights offered today. The paper concludes that justice and security are not mutually exclusive, and a balanced approach can be achieved in any situation, even when the nation is at war.

Outline:
Review and Discussion
Conclusion

From the Paper:

"It is possible to secure justice from a strictly legal perspective no matter what the national security climate may be, because the legal definition of "justice" suggests that it is a social construct that is subject to judicial whim and the interpretation of the laws of the land at any given point in time. For example, according to Black's Law Dictionary (1991), justice is, "The proper administration of laws. In jurisprudence, the constant and perpetual disposition of legal matters or dispute to render every man his due" (p. 864). The nebulous concept of "every man's due," though, depends on what the law says it is and this concept changes according to the level of threat the country may be experiencing. According to Abdolian and her colleagues (2003), "Under the pretense of enhancing national security, the USA PATRIOT Act concentrates increased new powers in the executive branch of government, while decreasing judicial oversight" (p. 1429)."

Sample of Sources Used:

• Abdolian, L. F., & Takooshian, H. (2003). The USA PATRIOT act: Civil liberties, the media, and public opinion. Fordham Urban Law Journal, 30, 1429.
• Ackerman, B. (2004). The emergency Constitution. Yale Law Journal, 113(5), 1029.
• Black's law dictionary. (1991). St. Paul, Minnesota: West Publishing Co.
• Tyler, A. L. (2006). Is suspension a political question? Stanford Law Review, 59(2), 333.

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