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Public Safety and Privacy Analysis - Essay Example

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Public Privacy and Safety under US Law No: Roll No: Date: University: Public Privacy and Safety under US Law The Supreme Court of United States of America while choosing two cases under the Megan's Law has taken into account the conflict of individual privacy and community…
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Public Safety and Privacy Analysis
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Download file to see previous pages Civil rights and privacy laws are quite different of each other. The importance of which depends upon the timing of the question. It is established that for the protection of citizens, civil rights are set so that the citizens can enjoy their liberty. The agencies that enforce law are demoralized at the same time when they have to adhere to Fourth amendment as its protection permits crimes to persist (Stimson, 2004). Here we may cite the ruling of apex court concerning sex offenders, privacy and public safety. The Supreme Court of United States of America only just made a rule in relation to sex offenders, privacy, and public safety. The legislating body of America and the Supreme Courts are concerned about public safety or the protection of privileges of people individually. According to the Patriot Act defined by the US government, all the groups responsible for putting law into effect can question the Fourth Amendment if it bypasses the rights of citizens. Americans with the support of law enforcement organizations are ensured that they will be facilitated with their due civil rights and security (Stimson, 2004). The other day US Supreme Court made a decision according to which, the condemned sex delinquents are to be exposed on internet by giving their addresses over internet. There is no chance given to the delinquents in terms of their identification as a threatening individual for the society (Stimson, 2004). Litigation over electronic control gadgets are popular amongst the litigants despite the fact that in number of cases tools are used properly. According to Wallentine (2010), courts while deciding such case are making use of the “principles of Graham v. Connor” with regard to the usage of an “electronic control device”. In the case of Bryan v. Macpherson, the Ninth Circuit Court of Appeal held that “TASER or any other electronic control device” is in effect an in-between quantum of force (Wallentine, 2010). In the case of Bryan who made use of drugs and we can say that he was mentally ill in terms of his health. TASER was used by the law enforcement officer due to which, Bryan fell down and lost his four teeth besides minor injuries. After this incident, the law enforcement officer was sure about the fact that Bryan was distressed mentally and was in urgent need of safety (Wallentine, 2010). When the court examined this case along with other matching cases, it was of the opinion that for analyzing the situation of the convict, the law was not applied rightly for the situation. The law enforcement officer made a mistake by selecting the wrong strategy to deal with the convict. The force option was wrong. There is a further reportage that the officer made use of more than required force in using the TASER against the convict for his own reasons that are still unknown until this juncture. According to the court, usage of TASER for Bryan was not reasonable since Bryan did not pose an immediate threat to the officer / other person. The decision is enforceable on officers within the 9th Circuit. The judges were of the view that officers are responsible to clearly understand established law (Wallentine, 2010). Another two cases that relate to the usage of TASER namely “Brooks v. Seattle” and “Mattos v. Aragano” are in the process to be allocated to judges of 9th Circuit Panels to define the law. However, the constitutional explanation is the prerogative of Supreme Court. ...Download file to see next pagesRead More
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