Criminal Justice: Balancing Justice and Freedom Concerns Persuasive Essay by scribbler

Criminal Justice: Balancing Justice and Freedom Concerns
A discussion on the difficulties involved in the United States' quest to protect the nation while simultaneously preserving fundamental rights.
# 152595 | 1,772 words | 8 sources | APA | 2013 | US


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Description:

The paper outlines the legal environment of justice and security administration in the United States and explains how the U.S. Constitution strictly prohibits law enforcement and counterterrorism tactics that involve "profiling" potential terrorists. The paper highlights how this prevents effective airport security screening and uses the Israeli method of profiling as an example of effective security procedures. The paper also demonstrates how the tremendous growth of modern digital communications media has significant implications for civil rights in the age of modern society. The paper draws the conclusion that the American constitutional system of government and the rights and protections afforded to individuals under its provisions are tremendously valuable aspects of living in the U.S, however, some of those constitutional principles have not evolved fast enough to keep pace with the practical exigencies of contemporary security threats to the nation.

Outline:
Introduction
The Legal Environment of Justice and Security Administration in the United States
Balancing Individual Rights, Justice Administration, and Public Safety
Modern Communications Technology, Security, and Justice Administration
Conclusion

From the Paper:

"From the first establishment of an American justice system, its foremost concern was achieving an appropriate balance of the recognized rights, privileges, and freedoms of individuals, particularly with respect to the state. To a large extent, the fundamental principles reflected in the earliest versions of precursors to the U.S. Constitution that was finally ratified by all the states was directly influenced by the experiences of the Settlers in Europe and especially in Britain. The concept of separation of church and state, the importance of state autonomy relative to the federal government, a system of checks and balances on the exercise of government authority, the presumption of innocence, and the recognition of the rights of individuals against unrestricted search and seizure, arrest without cause, are all likely to have been at least partly in response to specific experiences in Europe under either feudal or royal authority.
"Since 2001, the United States has had to re-evaluate many of the distinctions, definitions, and criteria in the realm of national security. However, in many respects, the most effective changes in law enforcement and public safety directly contradict some of the fundamental and defining concepts of civil rights and personal liberties in the U.S. In several high-profile cases, expanded law enforcement investigative authorities (such as those granted pursuant to the USA PATRIOT ACT) did result in misuse and illegal deprivation of the constitutional rights of individuals."

Sample of Sources Used:

  • Bulzomi M. "Search Incident to Arrest in the Age of Personal Electronics." FBI Law Enforcement Bulletin. Vol. 76 No. 9. (2007): 26-32.
  • Dershowitz A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
  • Friedman L. (2005). A History of American Law. New York: Simon & Schuster.
  • Hodges K. "Tracking "Bad Guys": Legal Considerations in Using GPS." FBI Law Enforcement Bulletin. Vol. 76 No. 7. (2007): 25-32.
  • Hoffman B. "The Logic of Suicide Terrorism: Lessons from Israel that America Must Learn" The Atlantic Monthly; Vol. 291, No. 5 (2003): 40-49.

Cite this Persuasive Essay:

APA Format

Criminal Justice: Balancing Justice and Freedom Concerns (2013, March 25) Retrieved November 22, 2019, from https://www.academon.com/persuasive-essay/criminal-justice-balancing-justice-and-freedom-concerns-152595/

MLA Format

"Criminal Justice: Balancing Justice and Freedom Concerns" 25 March 2013. Web. 22 November. 2019. <https://www.academon.com/persuasive-essay/criminal-justice-balancing-justice-and-freedom-concerns-152595/>

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