StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Civil liberties - Essay Example

Comments (0) Cite this document
Summary
Laws are enacted to ensure that there is harmony and security in the society. They provide mechanisms and procedures of administrating justice to those who break them as well as those who fall victims to the offenders. The police are the major custodians of these laws meaning that they have the responsibility and the mandate of ensuring they are followed and respected by all and sundry…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
Civil liberties
Read TextPreview

Extract of sample "Civil liberties"

Laws are enacted to ensure that there is harmony and security in the society. They provide mechanisms and procedures of administrating justice to those who break them as well as those who fall victims to the offenders. The police are the major custodians of these laws meaning that they have the responsibility and the mandate of ensuring they are followed and respected by all and sundry. It is due to this role that the police are accorded the powers of arresting and taking into custody those citizens whom they feel that they have reasonable grounds to warrant an arrest. It may be important to note that the arrested person is denied some of the fundamental rights such as the freedom of movement, freedom of association among others but it is also necessary to mention that this does not warrant inhumane treatment as detainees are also protected by the same laws which define the expected code of conduct to be observed by the arresting officers at the time of arrest through to the time justice is dispensed on the accused (Smith, 2010). In the UK for example, the police upon suspicion may stop a person and subject them to search as long as they have reasonable grounds to believe that the person may have committed or is intending to commit a crime. This may be done without obtaining a warrant to permit the search as it is in accordance with the Police and Criminal Evidence Act 1984, Code A, which gives the officers the right to search a person or a vehicle before making an arrest (Home Office, 2010). In the case of Najya who was subjected to near search and an arrest after being suspected of being a thief, the police had a reasonable and a legal ground to do so as they were relying on information, which reportedly matched Najya’s physical appearance to that of the real culprit who had committed the robbery. The process may not have resulted to the said person being arrested but the fact that she refused to cooperate with the officers, after she allegedly refused to stop at the request of the officers and the pulling of her arm from the restraining arm of the officer, may have raised suspicion hence arising the need to conduct more investigation on her innocence. The police officers, as the act demands, informed her promptly that they were arresting her and also, they told her the reason why they were doing so. As a result, Najya, as per the procedure of arrest, has no basis to challenge the legality of the method and actions taken by the police, which by all means conform to the article 5 of the European convention on human rights (Strange, 2001). Furthermore, the police as per the case study did not use any undesirable force to bring her in probably because she posed no immediate threat to them or the society. However, every suspect after being taken to the police station is accorded the right to access the services of a solicitor before he or she can embark on answering any questions asked by the police officers. This right is protected in the code C of the codes of practice, precisely section 6, which states that; the detainee must be informed on their right to a solicitor unless the prevailing conditions fulfils the requirements of paragraph 6.6 of the code (Home Office, 2010). In addition, the suspect is entitled to make a phone call so as to inform, whoever he or she finds it necessary, of the arrest and detention in addition to being allowed to look at the police code of conduct to ascertain that the right procedures and ethics have been adhered to, failure to which the suspect can decide to sue the police department. This is in conformity with section 5 of the code which galvanizes the detainee from being held incommunicado. With regard to Najya’s case and with due respect to the codes of practice, it is evident that there was a breach in the way the police conducted her detention. This is due to the fact that she was not allowed to access the services of a solicitor and in addition, she was held incommunicado as she could not get the chance to inform her mother. It is however important to note that the code also allows an officer of the rank of superintendent and above to do away with the rights but only if they have reasonable grounds to do so, which are stipulated in the code of conduct paragraph 6.6. Looking at the reason the officer gave for denying Najya these two fundamental rights, which is that she is more likely to confess if she speaks to no one, it is apparent that the officer was acting against the law. To begin with, there was no evidence that Najya had actually participated in committing the theft so there was no way her making contact would have interfered with investigations or tampered with evidence with regard to paragraph 6.6 b(i) (Home Office, 2010). Najya was detained for 12 hours after which she was released without being charged. This is in line with the expected police ethics which allows the detention of a suspect for not more than 24 hours without being charged. Since there was not any reason to prove that she was actually involved in the crime, the police released Najya at the earliest time possible. If there was reasonable ground and evidence to believe that she had actually committed the crime, the superintendent officer in the police station would have exercised his authority to extend the detention period to 36 hours as the law provides (Strange, 2001). Najya may feel that her rights and privileges have been violated especially since we are told that she was actually rushing home from college to babysit her younger brother thereby meaning that she may not have even been aware that such a crime had taken place. However, she must understand that her arrest was to a greater extent legal. On the other hand, she has the right to challenge the officer’s decision to hold her incommunicado and probably sue them as this may have greatly inconvenienced her mother as she depended on her to babysit. This may have also subjected her to unnecessary mental torture, which could be used as a basis for a law suit. Bibliography Home Office (2010). ‘Police and Criminal Evidence Act 1984 (PACE) and Accompanying Codes of Practice.’ [Online] Available at: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/. (Accessed: 14 may 2011) Smith, R. (2010). ‘Labor, Civil Liberties and Human Rights.’ The Justice Journal, Vol. 7 (2): 250-265 Strange, M. (2001). Criminal Justice, Police Powers and Human Rights, Blackstone Press Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Civil liberties Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/law/1422070-civil-liberties
(Civil Liberties Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1422070-civil-liberties.
“Civil Liberties Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1422070-civil-liberties.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Civil liberties

Freedom Summer of 1964 and Its Relationship with the Civil Rights Movement

The other organizations which participated in this Registration campaign were the Council of Federated Organization (COFO) in league with the National Association for Advancement of Colored People (NAACP), the Congress of Racial Equality (CORE), the Southern Christian Leadership Confederation (SCLC) and the Students Non-Violent Coordination Committee (SNCC). During this campaign, large groups of African American people, supported by around 1000 white volunteers, braved the rains in order to enter the Forrest Country Courthouse to register their Voting Rights. Around 30 Summer schools were also established during this Freedom Summer Campaign in various parts of Mississippi town in order to educate the black minorities, since, due t...
11 Pages(2750 words)Case Study

A True Reflection of the Role of Civil and Criminal Sanctions

The youth not only bring with them the terror for the common citizens but also introduce huge dust of alcohol, abuse of drugs and many other forbidden things in the society. The future generation should be made to stay away from this peril as much as possible. Conformity and compliance with the law is the duty of every citizen and he must get this thing right in his system right from the starting of his youth.

Poverty and lack of education in the lives of young ones make them the most vulnerable amongst all human populations of any country or for that matter, the world. Committing a crime is not a remedy to get one’s hopes and needs fulfilled but there is a certain way to do everything and quite rightly so every s...
6 Pages(1500 words)Term Paper

Where Land Was King - The Post Civil War South

...Where Land Was King: The Post Civil War South Mans relationship with the land has been told in literature since the days of Moses when he pleaded with the Pharaoh to free his people. In the Southern United States during the 19th century, land ownership became a social division between the elite landowners and the slaves and poor whites. For the antebellum South, cotton was king and land ownership provided the social capital necessary to acquire and maintain economic status. The Souths heavy reliance on agriculture, as opposed to industry, as a means to flourish economically during this period depended on the plantation system of landowners and slavery. African-Americans and poor whites living in the South were denied land and the economic...
6 Pages(1500 words)Essay

Struggle For Civil Rights

This struggle has historically affected four ethnic groups namely, native Americans, African Americans, Chicanos and Asian Americans. In the end, it is the hope of this paper that a better understanding and a more concrete application of the US ideology of “equality for all under the law”(Bush, 2003, p 48) be attained for ethnic groups in particular and the entire humanity in general. The struggle for civil rights during the 1950s onward was a” product of the post World War II world” (Bush, 2003, p. 48). The human world was in a condition of social unrest that even the United States of America was not exempted.
The struggle for civil rights in the US is the logical consequence of the long historica...

10 Pages(2500 words)Coursework

Civil Engineering Job Sector

The main aim of civil engineering is to make the life of man easy by constructing things like roads that will aid in the transportation of goods and services (Blair, 2007).
Civil engineering started to gain recognition in the United Kingdom in the late 18th and early 19th centuries. There was a foundation of very many professional bodies and societies, for example, the Law and Royal Society. Form the late 18th century a group of people, civil engineers, met regularly thus led to the formation of a society of Civil Engineers in the year 1771. The person behind all the success was John Smeaton. It is known as the Smeatonian Society. This further led to a formation of the institution of Civil Engineers (ICE) whose first presiden...
13 Pages(3250 words)Assignment

The Idea of Civil War Reenacment in Tony Horwitz's Confederates in the Attic

Through Horwitz's eyes one gets to see the interesting thinking that these Southerners had to tell that were related to history yet in some ways changed. It was a difficult situation many times the deeper he went into the South he went because he had to listen to tales of blatant racism as well as juxtapositions in thought that were so different from the northern way of thinking.
One example of this difference in thinking is when one of the Southerners said that the Civil War was about the Northerners trying to change a culture "it was a culture war in which Yankees imposed their imperialist and capitalistic will on the agrarian South, just as the English had done to the Irish and Scots…" (69). Many of the Southerners...
12 Pages(3000 words)Book Report/Review

Human Rights: The International Covenant on Civil and Political Rights

... Human Rights International treaties are essential sources for international law and practices. Ratification of any international treaty guarantees that the signatories are willing to implement the contents of the treaty irrespective of geographical boundaries (Landmann 13). Treaties are agreements or memorandum of understanding between two or more states for the fulfillment of their mutual interests. It is imperative to note that International Treaties are mandatory and countries are not under any obligation to become signatories of such treaties. However, the international treaties provide internationally unified approach to global issues and signatory countries are bound to conform to the treaty. The International Covenant on Civil...
6 Pages(1500 words)Term Paper

The Concept of Civil Disobedience

... Civil Disobedience in Modern Society Civil disobedient is a term that refers to the resistance to the government by deliberately disobeying established laws by the government as a protest against some issues. The term civil disobedient has its history in the works of Henry D. Thoreau who refused to pay poll taxes due to his claim that paying taxes to the government was equivalent to supporting the immoral actions of the government such as the institutionalization of slavery and the American-Mexican war. Henry D. Thoreau had reservations towards these two actions by the government and used this as a basis to want to reject the payment of taxes. Based on the concept of civil disobedience, it can be argued that this it can only be useful...
9 Pages(2250 words)Term Paper

The Role of Strategic Planning in Crisis Management in the Organizations of Civil Society

The objectives of this thesis could be described as follows: a) to show that strategic planning can be valuable in organizations of civil society, b) to show how strategic planning can be used in crisis management and c) to make clear that crisis management in organizations of civil society can be effective only if a specific process, i.e. strategic planning is employed.

For achieving the objectives described above the following research questions need to be answered: a) which is the role of strategic planning in organizations of civil society, b) which are the most common forms of strategic planning in these organizations, c) is strategic planning able to support crisis management in general? If yes, would this role of...
10 Pages(2500 words)Thesis Proposal

Civil Liberties, Habeas Corpus, and the War on Terror

... suspects from national privileges. Military Act The impact of the 2006 military act was evident when the first detainees were kept in the US navy base in Guantanamo bay. As much as the rights and privileges of the detainees have been limited, different detainees have successful petitioned the government. The petitioners have been able to challenge the military act and called for equally rights and privileges enjoyed by inmates across the countries correctional facility. The cases held in the American soil drew the line between civil liberties and national security. The attempt by government to label suspects illegal enemy combatants hence deny them their civil right privilege (Clark, 2007). Boumediene versus Bush In the case...
6 Pages(1500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Civil liberties for FREE!

Contact Us