Individual Rights Vs. Public Oder

Individual Rights vs. Public Order

Individual Rights vs. Public Oder

Team-C

University of Phoenix

CJA 303 Foundations of Criminal Justice

Professor Jason Huskey          

June 15, 2009

Individual Rights vs. Public Order

Introduction

In America, when an Individual has been accused of a crime, the United States of America has the Constitution that has guidelines and procedures that the law enforcement, courts, the accused, and the victim must follow to protect the Rights of each of these involved.

The Constitution of the United State of America guarantees each individual citizen the Right to several protections under the law. The American citizen has the right to have their Miranda Rights read prior to an arrested, and the Law Enforcement person are obligated by law to administer them. The American citizen has the Constitutional Right to have the Attorney of their chose, the State will provide an Attorney free of charge, or the Individual can obtain an Attorney with their own money.    

The Individual Rights

The Individual Rights has rights that are written in the Constitution, these rights are written and are read as an Individual case, but and are for the benefit of the American public as a whole.

These rights have Advantages and Disadvantages. The Advantages are that the rules that the Constitution that govern the proceedings’ in a court of law will be interpreted by each of the Individual parties involved, to best serve their own purpose in an attempt secure the outcome of the case that they are be involved in to win.

When the accused is arrested, Individual is not read his or her Miranda Rights; the Constitution has not been followed. The Advantage is for the Defense. As in the case in Arizona Certiorari was granted in cases involving admissibility of defendants' statements to police to explore some facets of problems of applying privilege against self-incrimination to in-custody interrogation and to give concrete constitutional guidelines for law enforcement agencies and courts to follow. Constitutional rights to assistance of counsel and protection against self-incrimination were secured for ages to come and designed to approach immortality as nearly as human institutions can approach it.

U.S. C.A. Constitution. Amends. 5, 6. Prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of defendant unless it demonstrates use of procedural safeguards effective to secure privilege against self-incrimination. U.S. C.A. Constitution Amends 5

The disadvantages of the preceding case will began a Public outcry for justice, because the person accused of the crime, that they are more than likely to be guilty of the crime that was committed, but may not be prosecuted due to a technicality.

The law enforcement person involved in the arrest could have for numerous reasons forgot to administer the accused person their Miranda Rights may never be know to the public, so that the public may feel safe and that when these type crimes or any crimes committed the accused will not get away with crimes.

The disadvantage of the Constitution not being followed, may lead to person who have crimes committed against them may lose confidence in the law enforcement establishment, and they may not report the crime depending on the crime.

The victim or the victim’s family may take the law into their own hands in an attempt to vindicate themselves by way of street justices, and this will keep the cycle of crime revolving, because they themselves will be breaking the law.

Once the courts are aware of the Constitutional rights violation it is the Attorneys obligation to protect the accused defendant and do their best to get all charges dropped and an immediate release from custody. As per the book, “Justice Blind” the defense attorney represents the “defendant” and has the main duty of being an advocate for the defendant. This is the main actor in the criminal justice process who is responsible for ensuring that Constitutional protections of the accused are upheld and protected.

Defense attorneys are the actors in the court process responsible for upholding the due process function of the court, protecting “individuals from the unfair advantages that the government—with its immense resources—automatically enjoys in legal battles” (Gaines, Kaune, and Miller 2000, p. 271). Standard 4–1.2(b) of the American Bar Association's Standards for Criminal Justice (1991) states that the basic duty of the defense attorney is “to serve as the accused's counselor and advocate with courage and devotion, and render effective, quality representation.” The ideal functions of defense attorneys include the following (Siegel 1998, pp. 487–88).

• Investigating the facts of the case against his or her client
• Preparing his or her client's case for trial
• Submitting motions in favor of his or her client's case
• Representing the defendant at trial
• Negotiating the sentence with the prosecutor if the client is convicted
• Appealing convictions

The reality is that these functions may be carried out by some defense attorneys but not by others. It all depends on what type of defense attorney a person can afford. At the state level, defense attorneys include nationally known attorneys, other private attorneys, and courthouse regulars (e.g., public defenders) (Cole and Smith 2000). There are generally three types of systems available to defend those who cannot hire their own attorneys:

• Public defender systems—a salaried staff of government attorneys paid for by taxpayers assigned counsel programs—private attorneys assigned to particular cases by courts
• Assigned counsel programs—private attorneys assigned to particular cases by courts
• Contracting attorney programs—private attorneys hired to defend a group of defendants for a specified period of time (Bureau of Justice Statistics 2003).

Public Order

Laws and rules are put into effect to sustain public order, without Public order society would be untamed. Individual rights were established in 1868 after the civil war. The fourteenth amendment was adopted on the ninth day of July in 1868. The fourteenth amendment ensures and protects individual liberties this amendments includes the Due process clause and the Equal protection clause.