Police misconduct can be described as any inappropriate behavior on the part of any law enforcement officer that is either illegal or immoral or both. Law enforcement agents are should behave to a standard that is greater than the average civilian. Police brutality comes from an abuse of power granted to the police. Police brutality is often drawn on by overreaction in certain situations drawn on by panic. Police using excessive force in the United States is a crucial dilemma and must be stopped.
The safety of the community is crucial and attempting to deam stop and frisk as unconstitutional limits law enforcement. There is much controversy on how it can target a certain group or race but I believe the goal of any police is to deter crime when implementing stop and frisk. I believe stop and frisk can help reduce crimes and eliminate potential crime in a city, neighborhood, or street. Boyette, C., & Martinez, M. (2013). Court blocks ruling against NYPD's stop-and-frisk policy.
The primary difference is location. In a confessional sense, the exclusionary rule typically applies to the interrogation room, while the fourth amendment concerns relate to the evidence discovery phase of an investigation. One defendant could cite the exclusionary rule regarding their forced confession, while another could state that their car was searched without their permission. Furthermore, the exclusionary rule is applied differently in each context because of its implications. By implying that a confession can be eliminated if obtained under certain circumstances, the system requires the police to remain extra vigilant.
In a democracy, freedom of speech and the press must be accorded great respect, but other values such as national security, the protection of reputation or public safety sometimes conflict with First Amendment guarantees. Discuss the approaches that have been used by the Supreme Court to define the limits on expression. How have these approaches been applied in specific cases? Several restrictions have been formulated on expression. The first approach used by the Supreme Court is the Clear and Present Danger.
Referring to the Murray v UK ruling, Naughton writes that ‘the denial of legal advice that prejudices a suspect’s right to a fair trial may render the police in breach of Article 6 of the European Convention on Human Rights (ECHR). In the England and Wales context, Zander suggested that a solicitor’s advice regarding silence could follow on much as it had been prior to the introduction of the legislation curtailing silence, or that solicitors would be more likely to encourage
The security of state means legislature can enact laws which would impose restrictions on expressions which endanger the security of the State and is intended to overthrow the government or wagering a war against the government. Public order means public peace, safety and tranquility of the people at large. The absence of public order is an aggravated form of disturbance of public peace, which affects the general life of the public. Any speech which intends to disturb public order can be restricted by enacting laws. The decency and morality includes the state can put restriction on forms of expression if they are considered to be indecent, immoral or obscene.
Hence, the individual stopped should be notified if they are being stopped statutorily or not, if not they can leave and have the right to not answer (Bridges, Shiner, Delsol and Gill, 2010). In reality, unwillingness to converse or answer can be seen as evidence of guilt which can result in restraint or arrest (Bowling and Phillips, 2007). Every power available to the police allows them to be intrusive, coercive and violates the rights of citizens, such as privacy and personal liberty, police officers justify themselves by stating that they are legitimate and do so for good ends (Bowling and Phillips,
Racial profiling is a huge controversial topic in law enforcement. Officers should be banned from using it to build a criminal case. Racial profiling is police that can racially profile and cam contact, search, detain, or arrest persons which was solely based on the person’s race or ethnicity rather than the individual’s behavior. In society today, the issue has been becoming more of a problem and is causing issues for the public. The police officers are using characteristics such as race and ethnicity as something they build their case with.
United States where the question was whether an activist had spoken words that possessed a clear and present danger in a speech addressed publically. The court went on to clarify the meaning of the words clear and present danger through their own interpretation. The following case helped shape the limitations to the first amendment and provided for legal scrutiny on the restriction of free speech. The amendment now included punishment for words spoken which disrupted the peace and state of security of the state. This gave the law makers subjective power over what words were potentially harmful and subject to punishment by the
If the media sector and newspaper company did not follow those rules, the Home Affair Minister has the right to suspend the permit and refuse an application for a permit for newspaper and printing presses. On the other hand, Home Affair Minister can suspend the permit if any publication risk national security or create social conflict. The Minister has obviously restricted freedom of expression and also freedom of speech. The public always wants to know the truth and the first principle of journalism is truth and accuracy. Why do the Minister wanted to restrict from writing news regarding politics?