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Individual Rights vs. Public Order, 2004.
An examination of the conflict between an individual?s right to privacy and the public?s need for safety in the context of sex-offender notification rules.
2,037 words (approx. 8.1 pages), 6 sources, MLA, $ 64.95
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Abstract
This paper examines how the United States is a country that prides itself on the level of freedom afforded to its citizens and how freedom and the rights of the individual are two concepts that helped shape the very backbone of the country. It also discusses how the concept of public order provides a framework by which most citizens can operate. In particular, it looks at what happens when there is a clash between individual rights and public order in the context of sex-offender notification rules. It concludes that the safety of the community should and must take precedence over the sex offender?s individual right to privacy.
From the Paper
"Many cities have sex-offender notification laws on the books. These laws mandate that a convicted sex offender must notify the local police in the community in which he (most sex offenders are male; in fact the Department of Justice [1996] has determined that all but 3 percent of offenders who commit violent crimes against children are male) decides to live upon being released from prison. He is required to provide to the police information such as his place of residence, his place of employment, if he moves and where he is moving to, and other basic information. The police then make this information available to the community in some form, whether it be through a Web site, mailings, announcements in the newspapers, announcements at neighborhood meetings, and so on."
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Public Order vs. Individual Rights, 2005.
A look at the role of the criminal justice system in maintaining public order.
1,251 words (approx. 5.0 pages), 4 sources, MLA, $ 42.95
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Abstract
This paper acknowledges that public order versus individual rights is not a new controversy and how, since time immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. It looks at how this controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and how, in addition to these rights secured by America's forefathers, a number of organizations have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, this paper contends that the criminal justice system should focus on dealing with public order.
From the Paper
"Private and autonomous liberty and collective authority are naturally diametrically opposed. As such, it's helpful to first have an understanding of what individual rights are. Individual rights is a multipurpose legal term that refers to what an individual is allowed to do and what can legally be done to them. It is the concept of individual rights that is the central theme in the 'due process model' of criminal justice. "The idea of individual rights is closely related to the idea of individual capital in some theories of political economy, in which the individual enhances his or her own creative capacities (as opposed to measurable productive capacities, which is usually called the theory of human capital), and must remain free to do so in any way she or he sees fit" ("Individual rights", 2004)."
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Public Order Vs. Individual Rights, 2003.
An attempt to balance the rights of individuals against the needs of society.
1,840 words (approx. 7.4 pages), 6 sources, APA, $ 63.95
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Abstract
This paper discusses individual rights versus public order and argues that public order takes precedence over individual rights. The paper assesses the duties of both citizens and of government and then details various situations in which there are tensions and conflict between the two.
From the Paper
"In this report, the notion of individual rights and public order are examined and an argument advanced in favor of the primacy of public order over the rights of the individual. Generally, as Levinson has commented, in..."
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Individual Rights and Public Protection, 2008.
An analysis of individual rights versus public protection within the Canadian criminal justice system.
2,932 words (approx. 11.7 pages), 2 sources, APA, $ 86.95
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Abstract
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."
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Individual Rights and the Constitutional Convention, 2005.
A look at the origins of the philosophy of individual rights.
1,356 words (approx. 5.4 pages), 2 sources, APA, $ 45.95
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Abstract
This paper discusses the concept of individual rights and how this concept extends far back into early English history. The paper points out that, while the individual rights granted under the American Constitution have evolved and changed to include more than the original beliefs about individual rights, the authors of the Constitution were heavily influenced by early English and French philosophers and their ideas about rights and liberties.
From the Paper
"Although many individuals today might like to romanticize the origin of individual rights in America, suggesting that such rights began and ended with the passage of the current version of the United States Constitution that now governs the totality of the American land, the actual history of a private citizen?s individual rights in America and England is far more checkered and complex. America?s founding fathers owe a far greater debt to English and French philosophies of rights and liberties than were acknowledged at the time for the idea that the individual citizen possesses certain inalienable rights that cannot be impinged upon by the state. Also, the Articles of Confederation that were eventually passed contained the seeds of the later document that was to govern the land, even though it was too weak a document to provide the type of unity that the international politics of the time demanded to accord respect to the new American union and nation."
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Individual Vs. Collective Rights, 2008.
This paper discusses the rights of the individual in light of the rights of the collective community.
851 words (approx. 3.4 pages), 3 sources, APA, $ 30.95
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Abstract
The paper argues that the rights of the individual are most likely to deteriorate in societies that are plagued by excessively high birthrates and by high population density. The paper explains the utilitarian reasoning behind this principle as well as the simple fact that something of which there is a lot is going to be of lesser per capita value than something of which there is very little. The paper shows how over-population logically brings about a diminution in individual rights.
From the Paper
"It is sometimes asserted that the rights of the "common" - the community or the collective - will eventually impinge upon the right of the individual as the population in already-overcrowded nations and globally continues to spiral upward. This sort of statement can be interpreted in many ways and undoubtedly will be interpreted in many ways by people coming from different socio-economic and socio-political backgrounds. Be that as it may, this writer chooses to interpret the initial sentence in this paragraph as follows: as populations grow more massive, the competition for finite resources among individuals becomes more intense."
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Individual Rights, 2005.
A review into the works of John Stuart Mill and James Madison to help explain the various philosophical approaches to individual rights.
1,800 words (approx. 7.2 pages), 4 sources, $ 71.95
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Abstract
This paper discusses the various philosophical approaches to individual rights and the role of the state as a guarantor of those rights. Particularly the paper utilizes the perspectives of John Stuart Mill and James Madison to provide greater insight into the character of individual freedoms related to liberty and happiness as well as political constructs intended to protect them.
From the Paper
"John Stuart Mill and James Madison a. Mill's approach to liberty and its constraints, either real or artificial, in "On Liberty" informs the reader that he is only in the formative stages of his examination on the ultimate character of liberty as a social and moral construct vis-?vis the individual. In other words, while many readers and philosophical inquisitors have concluded that much of Mill's construct in "On Liberty" remain beyond the ken of the average individual and thus insoluble to a degree, Mill does offer the reviewer some definitive insight into what he is hoping to accomplish through the production of this text: ...the practical question, where to place the limit -- how to make the fitting adjustment between individual independence and social control -- is a subject on which nearly everything remains to be done..."
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The History of Individual Rights, 2006.
A historical look at individual rights starting with the Charter of Liberties enacted under King Henry I of England.
1,350 words (approx. 5.4 pages), 4 sources, $ 53.95
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Abstract
This paper discusses individual rights in England and America before the Constitutional Convention. The paper begins by discussing the Charter of Liberties, enacted into English law in 1100 under King Henry I. The paper explains that the charter specifically addressed the king's treatment of church officials and was intended to ensure their freedoms in the country. The charter attempted to address the known abuses that that former kings had levied against those representing the church, and it restricted the king's power by law. The paper also explains that the Charter of Liberties was considered the framework for the Magna Carta and that it was agreed to by Henry I.
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Individual Rights vs. Social Responsibility, 2002.
A study of the rights of the individual in American society and how they reflect on the issue of social responsibility.
1,427 words (approx. 5.7 pages), 4 sources, MLA, $ 47.95
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Abstract
This paper questions how much social responsibility the American individual should have. It shows that the past 250 years have provided Americans with the idea that their individual wants and desires supersede any social need. As the nation faces new troubles, such as terrorism attacks, a slumping economy and other problems, it is becoming important to blend the individual rights with a duty to recognize and act on social responsibility. The paper concludes that if Americans do not begin to spend more time on social responsibility the nation faces the possibility of having to fight for individuals rights.
From the Paper
"This is the importance of human individual rights. The right to live peacefully and to pursue happiness is given to each and every person who resides within the boundaries of America. This right is so protected that the Supreme Court is charged with the decision in each case to know if the rights of an individual have been violated or not. If a federal or state government body tries to enact a law that infringes on individual rights the Supreme Court will intervene and stop the law. This is what the nation has been built on and it is what is upheld at the cost and exclusion of all else."
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Irish and American Individual Rights, 2005.
Examines some of the protections of individual liberties in Ireland and the United States.
1,014 words (approx. 4.1 pages), 4 sources, APA, $ 35.95
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Abstract
This paper compares and contrasts selections on individual rights relating to the family, private property, and religion from the Irish Constitution and considers the question of whether the Constitution of Ireland or that of the United States does a better job in protecting the rights of individuals.
From the Paper
"Article 41 of the Irish Constitution considers issues relating to the family. This, in and of itself, is remarkable as there is no comparable clause in the U.S. Constitution. Ireland goes so far as to recognize "the Family as the natural, primary and fundamental unit group of society . . . possessing inalienable and imprescriptible rights, antecedent and superior to all positive law." Furthermore, the Irish Constitution extends special protections to women, in particular, women who are with child to insure that they are properly cared for. Although the U.S. Constitution certainly grants some protection to women, it is rather vague and subject to great interpretation. The wording of the Irish Constitution leaves little room for doubt as to the rights of women."
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Prisoners' Rights Vs. Public Safety, 2004.
This paper discusses the conflict between safeguarding a prisoner's constitutionally protected rights and the public's safety.
1,800 words (approx. 7.2 pages), 6 sources, APA, $ 63.95
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Abstract
The paper examines the conflict between safeguarding a prisoner's constitutionally protected rights and the state's authority to abridge those rights in order to protect its own interests and the interest of its citizens. The paper proposes recommendations to remedy this conflict.
From the Paper
"Defining and Maintaining the Balance. Introduction. Imprisonment as a punishment for crime is by its nature and intent a denial of rights and liberties that we as a society hold dear. If this were not so, we would not regard imprisonment as a punishment at all. At the same time, however, prisoners do not lose all their rights."
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?Individuals and Their Rights?, 2004.
Analyzes the book on libertarianism by Tibor R. Machan.
1,590 words (approx. 6.4 pages), 1 source, MLA, $ 52.95
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Abstract
Tibor Machan's "Individuals and Their Rights" was written as a comprehensive moral defense of the sometimes controversial tenets of libertarianism. The paper analyzes and reviews the text. It also discusses Machan?s main idea that libertarians are opposed to politically designed, mechanical solutions to human problems and that they resent having politically imposed solutions shoved down their throats, so to speak.
From the Paper
"One can, without expressing a personal reaction ? or a value judgment ? to his writing, quite easily conclude that for the author, the concept of morality and the right to own and protect one?s private property are closely aligned. Again, this thread is found throughout his book ? connecting property rights and natural rights with morality ? and it clearly is a literary effort to lift the discussion beyond mere political thinking and into a more theoretical discussion of values."
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Public Order Powers of the English Police, 2002.
A discussion of the law which provides the police in England with sufficient powers to maintain public order and end any outbreaks of public disorder that may occur.
2,985 words (approx. 11.9 pages), 6 sources, APA, $ 88.95
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Abstract
This paper offers a full discussion of Acts of Parliament in the constitutional area of public order powers. Statutory powers eg: arrest for breach of peace are also referred to. The writer then relates relevant case law and links it to the argument as necessary. The paper concludes with the mpact of political influence.
From the Paper
"Problems with this question first occur when merely trying to define the terms given. We assume that ?law? is a reference to either Statutory or the Common Law, and therefore the question is directing us not to consider the practical powers, in terms of resources, financing, etc., that the government award the police. (However, this essay would be incomplete without a brief analysis of the effect of these practical considerations on law-given powers, so there shall be a short section dedicated to these questions later.) By restricting our studies to England we shall also not have to consider the specific public order problems faced, especially in respect to parades, in Northern Ireland, and we shall assume again that the term ?police? refers to the public police, not private policing relying on civil powers or indeed unofficial ?self-policing.?"
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Public Order and Free Speech, 2005.
A discussion on whether English law relating to public order tolerates free speech.
2,377 words (approx. 9.5 pages), 11 sources, APA, $ 72.95
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Abstract
The paper discusses English law surrounding the right to free speech in relation to public order offences. It focuses on the judgements handed down in the case of "Redmond Bate v DPP". The paper also goes on to examine the effect of the Human Rights Act 2000 on free speech.
From the Paper
"It is possible to say that English law does not tolerate the freedom to demonstrate when and where members of the public want to. The Public Order Act 1936 was enacted to give the police varying powers to control public processions or public demonstrations. These new powers were deemed necessary because at a common law level a march or procession on a public highway is regarded as prima facie lawful. Section 3 of this new act gave the police powers to impose conditions the organisers of the procession. This was allowed if the officer in question felt that this course of action was necessary in order to maintain the preservation of public order. The Public Order Act 1986 extended the powers of the 1936 act and gave the police an even greater ability to impose conditions on organisers of marches. "
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Public Order, 2004.
An overview of the notion of executive, legislative, and judicial powers in the designed system of governance by the Founding Fathers of the American nation.
925 words (approx. 3.7 pages), 2 sources, MLA, $ 32.95
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Abstract
This paper examines how it is time for a change of American government philosophy and how the Founding Fathers' glorification of governmental gridlock through checks and balances of legislative, executive, and judicial powers is no longer possible in today?s changing world. It looks at how a more parliamentary-style system, where both legislature and executive come from similar branches may be, along with election and campaign financing reforms, necessary lest the American populace, which votes in fewer and fewer percentile numbers with every election, particularly young people, becomes entirely alienated from the American system.
From the Paper
"The legislative branch is composed of the Senate and House of Representatives. The Senate, until the 20th century, was appointed by the state legislature and remains the more reflective and limited body of governance in terms of its responsiveness, in contrast to the House, which has always been composed of directly elected representatives from designated, gerrymandered electoral districts. The Senate was supposed to be the more deliberative body of the two legislative bodies, because it was smaller and less responsive to electoral whims, as senators were elected every six years, rather than every two years like members of the House of Representatives. Thus a structural balance between reasoned judgment of professional politicians and the populace was instituted early on in American ideology of balancing powers and checking the popular whims."
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