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Constitutional Law and Offender Treatment Analysis - Essay Example

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Running Head: Constitutional Law and Offender Treatment Analysis Date: Abstract Governments have the duty of establishing necessary frameworks that are responsible for ensuring law and order for the sole purpose of protecting the safety of its citizens…
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Constitutional Law and Offender Treatment Analysis
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Download file to see previous pages Therefore, the justice system has been given power in line with the enacted laws to ensure that the powers granted are implemented by all sectors in compliance with the statutes. This paper therefore aims to identify and examine the statutory authority and responsibilities of justice system officials, security personnel, and private citizens regarding investigation, detention and the arrest of suspected offenders. It will particularly make an evaluation on the psychological and physical treatment of suspected offenders and associated laws by all concerned parties including the police, private security personnel, and the wider society. The paper will also examine the various laws in relation to the use of force by public police and private security. Finally, it will examine the manner in which established laws affect public safety and individual rights associated with probation, parole, and correctional organizations. Constitutional Rights The U.S. Constitution's Fourth, Fifth and Sixth Amendments, through the due process clause in the Fourteenth Amendment, provide the rights relating to criminal laws that all citizens have. The Fourth Amendment forbids unrealistic and unwarranted searches and arrests of citizens and their property. The Sixth Amendment provides for rights and freedoms for criminal suspects. The amendments provide for a speedy and extensive investigation by the judge followed by a fair hearing in court. The constitution also has provisions that protect the suspect from harassment, intimidation and torture by the police, justice system and the wider society (Legal Rights Hand Book, 2005) Rights of Citizens The Constitution guarantees citizens the right to life, freedom of movement, speech, association etc. as long as the rights bestowed do not result in the violation of the rights of another individual or the State. If a citizen of a particular country feels that his or her rights have been violated he or she has the right to inform the police for intervention. However, in the event that the life of an individual is in danger hence cannot wait for police intervention that individual has the right to act in self-defense. For instance in South Africa in accordance with the Criminal Procedure Act(sec 42) an individual who is not a security personnel has the right to arrest an individual suspected of committing crime without a guarantee under special circumstances (Vuuren, 2000). The Justice System is the branch of government that is responsible for the execution and enforcement of laws that are enacted by legislature. The security personnel that include the public police and private security personnel have the duty of ensuring that the citizens follow the law and therefore help in maintaining law and order. When citizens fail to obey and respect the laws in place the police are entitled to act within the law and ensure those responsible for committing crimes are brought to justice by carrying out speedy and appropriate investigations and arresting the culprits. After the police have carried out extensive investigations, the justice system has the authority of using the evidence presented to sentence the offenders in accordance with the law. Once the offenders have been sentenced, it is the duty of the correctional centers such as prisons, parole and probation centers to ensure that the offenders serve their sentence and reform ...Download file to see next pagesRead More
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