The Majority of the court 's decision includes McLachlin C.J. and Bastarache, Deschamps, Abella, Charron and Rothstein JJ. The court had to decide in this case whether the seriousness of an offence or knowing that one might be a threat to public safety can be a justification to stop anyone without having solid evidence against them. The court stated that both Mr. Clayton and Mr. Farmer were guilty of carrying concealed weapons in a public place. The police had the right to search them even though their car didn’t match the description described by the 911 caller because the officers have to be consistent with their duty towards public safety and act in accordance to the seriousness of the
But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations
The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice. The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
The rules that officers must do to arrest a suspect are designed to protect their physical safety and also to avoid making a legal mistake that can lead to ruining the prosecution 's trial case. During the time of the arrest the cops are to read out the suspects Miranda rights. The Miranda rights were done in the U.S. supreme court ruling Miranda v. Arizona which set the rights to remain silent, and anything that you say can be used against you in a court of law etc (Miranda rights). Police Officers violate people 's rights by unreasonable searches through their houses or pulling them over. In a matter of fact, they have to have a reason why they stopped you and need a warrant issued for searching you.
1. Gideon’s sixth amendment under the constitution was violated which stated that requires the state courts to provide attorneys to criminals who cannot afford their own. The Supreme Court ruled that Gideon’s amendment was violated. Though his offense was serious he was still supposed to be allowed to have someone to defend him it was one of his rights. The Court stated that the states were to follow the sixth amendment of someone because under the fourteenth amendment “Due Process Clause” applies the main points of the bill of
Popular biases that exist are shaped by surroundings and socializations that one has been raised in, as discussed earlier. For example, a highly white area may view their counterparts as hostile, dangerous, criminal and concentrated in certain areas in which all crime occurs, and this may result in over policing (Sampson and Raudenbush 2004). This forces typical profiling and generalizations of crime on the basis of no real harm or threat. However, police are an institution that is present to protect “the people”, although “the people” has been subjectively shifted to support the popular belief or ideal while maintaining order (Sampson and Raudenbush 2004). According to a study on views of racism and unjust treatment, the majority of white individuals do not see racism as apart of law enforcement practices and that racism is not an issue within (Pew Research Center’s Social and Demographic Trends Project 2016) .
That only gave officers a reason to feel the need to abuse and assault you. Another example of brutality is when in the ministry of love, prisoners are cruelly punished for their crimes. Prisoners are sent to sessions where they endure things such as electric shock, rat caging of the face stretched and beaten. Winston received shock as one of his punishments. “He started and almost cried out.
Police Reform rhetorical analysis In the article "The Myth about Police Reform". A brief background of cases where the suspect was called by cops are presented. Coates continuously calls upon on the actions taken by police officers and how he believes the situations should have not been handled the way they were. Coates quotes from the 1953 book The Quest for Community by Robert Nisbet in order to explain the difference between authority and power. Authority is based on the consent of the government while power is based on externalities and force.
Racial profiling is a tool used by law enforcement targeting an individual on suspicion of a crime, based on race, ethnicity or national origin. In order to create a solution for racial profiling, it must be addressed, not just in certain situations, but as a whole. Racial profiling which does not require the use of evidence is quite different from criminal profiling and is an unfair and ineffective way to judge someone. Eric holder once said "I don't want to talk about whether or not racial profiling is legal. Racial profiling is not an effective law enforcement tool."
However, the public will deem the search excessive use of force on the accused performed by the RCMP officer. This search would increase public outrage regarding excessive use of police powers as they believe the search could have performed in a less intrusive mean. Furthermore, the “throat hold” should not be performed on anyone especially females as it can result in health complications (Atherley & Hickman, 2014). However, it is necessary to note that the “throat hold” is a common practice used by the RCMP drug squad to prevent drug traffickers from destroying evidence. This practice is not illegal as it is used to prevent the swallowing of drugs that may be in the accused mouth that will aid in substantiating the charge.
Stop and should be arrested because it promotes racial profiling, police brutality, and violates person’s rights of the Fourth Amendment. Although it is meant to protect others and keep them out of harm’s way it is not protecting those who are getting frisked because the majority of them are innocent. The people should have their rights protected and abide by no matter what the color of their skin
Police powers, defined in state and Commonwealth legislation, are accompanied by responsibilities which effectively gives rise to a compromise between the right of an individual to personal liberty and ‘the obligation of police to investigate possible breaches of the criminal law’. In Bulsey, the concept of ‘reasonable suspicion’ was discussed and it can be seen that ‘reasonable suspicion’ acted as a control measure; it ensured the police were held liable for their actions when it was proven that they did not have reasonable suspicion. Goldie v Commonwealth defined ‘reasonable suspicion’ as ‘somewhere on a spectrum between certainty and irrationality’ and stressed that to prevent arbitrary use of power, ‘reasonable suspicion’ should lie far from irrationality. However, in 2010, there were proposed changes to certain states’ legislation where ‘reasonable suspicion’ was no longer a requirement for conducting a search. This represented a direct threat to the rule of law, as there was now a potential for arbitrary use of power.