Criminal Justice the American Criminal Term Paper

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One of the most controversial laws passed in favor of public order over individual rights was the U.S.A. PATRIOT Act. Passed in the wake of the September 11 terrorist attacks, the law permitted more leeway than had been previously granted to law enforcement officials. Searches, seizures, and wire tapping are some of the ways law enforcement officials can infringe on personal liberties and individual rights, with the ultimate goal of protecting public order.

Similarly, the Guantanamo Bay detainees have their individual rights restricted and because they are not American citizens their access to Constitutional rights is not guaranteed. The government has determined that impinging the rights of the individual detainees serves the best interests of the general public: a stance that has the nation up in arms about the ultimate purpose of the legal system and of the efficacy of due process of law.

Whether or not a suspect is released on bail depends on the balance between individual rights and public order.

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Judges make criminal justice decisions by carefully considering the advantages or disadvantages of restricting individual rights in favor of public order. Taking into account the individual's case history, prior offenses, and published criminal justice reports on the nature of the crime all play into a judge's decision to favor individual freedoms or public order. Likewise, law enforcement officials make split-second decisions on the same grounds, permitting some leeway to citizens whose potential offenses are either minor or do not pose a threat to public order while restricting the individual rights of others whose actions may endanger the life or livelihood of fellow citizens......

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"Criminal Justice The American Criminal" (2006, August 04) Retrieved May 17, 2024, from
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"Criminal Justice The American Criminal", 04 August 2006, Accessed.17 May. 2024,
https://www.aceyourpaper.com/essays/criminal-justice-american-criminal-71251
   

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