Individual Rights and Public Protection

Paper Summary:

This paper discusses the balance between individual rights and public protection within the Canadian criminal justice system. It describes the importance of equilibrium between criminal justice agencies and their ability to apprehend and prosecute offenders as a form of crime control, and the right of citizens to be protected from potential abuses of this power, known as due process. The paper examines this balance and attempts to determine whether the public or the individual is losing out in the Canadian criminal justice system.

Table of Contents:
Introduction
Major Themes Intrinsic to the Balance
Legal Recognition of Individual Rights
The Dangers of Imbuing Police with Too Much Power
In Favor of Individual Liberty and Accountability?
Conclusion

From the Paper:

"Without a doubt, the criminal justice system is not a perfect one. Infringements of individual rights often occur at the expense of concern for public safety. Actions that compromise individual often come from the police, who act on behalf of the Criminal Code and related charters. When one points to illegal actions of the police on behalf of justice enforcement, one must also remember that police are accountable for their actions, just like every other individual in society. It appears moreover that such monitoring is on the increase: for example, "accountability of systems of correction is an emerging trend" (ibid, p. 381) and some may say that increased accountability of the police is a defining criminal justice trend (Griffiths, "Introduction to the Criminal Justice System", Unit 4). This is evidence of the fact that the justice system, although imperfect, strives to imbue the police with the right amount of control and power so that the justice of both individuals and the public are simultaneously upheld."

Sample of Sources Used:

• Griffith, C. T. (2007). Canadian Criminal Justice: A Primer. 3rd Ed. Canada: Thomson Nelson.
• Griffith, C. T. Introduction to the Criminal Justice System: A Total System Approach (audio). Criminology 131-3.

More papers on Individual Rights and Public Protection:

• Analytical Essay # 134420 : "Individual Rights Versus Public Protection"
• Persuasive Essay # 109500 : "Rights and Order"
• Analytical Essay # 59336 : "Public Order vs. Individual Rights"

APA Citation:

MLA Citation: