Wednesday, January 15, 2020
Policy Analysis Paper/CJA/464 Essay
Policy is a large part of policing in the United States. Policy helps set law, and law helps keep order amid the chaos if enforced properly. But every policy must be looked at carefully before, during and after enforcement to make sure that policy is and continues to be the best fit for the issues at hand. Sometimes looking at two policies and comparing them can help find a solution in the middle. It is important to give a policy a realistic goal, to accomplish in a realistic time in order to find out if it was truly effective or not. Crime Control Model/ Due Process Model: Crime control model places emphasis on using more police and harder court sentences to help deter and hopefully reduce crime. It utilizes the powers held by the government to protect the people, with limited regards to their rights (Sociology Index, 2013). It favors tougher punishment to crimes and on the criminals that perform them. Crime Control model argues that sometimes, persons should give up their rights, to protect and benefit society as a whole. Often people are assumed to be guilty until proven innocent. Due Process tries to focus on the rights of the individuals and limiting the power held by the government. People that wish to limit government tend to favor the due process model over the crime control model. In the due process model, people are innocent until proven guilty, and are not adequately punished until their guilt is well established through the criminal justice system. Each model has their place in our criminal justice system, having both strengths and weaknesses. As society changes, the models must be willing to trade off to adapt to the crime conditions for that time. Both embrace some aspects of the core values of the constitution, and while the ways they can work together are few, they do have their moments. Policies/ Opinion: The Border Search of Information Policy is a policy set forth in 2008 which allows Border Patrol agents the ability to search and seize both printed and electronic materials and devices without needing a warrant or probable cause (CPB, 2008). If an individual is going through a check point or any Border Patrol station, the officers may choose to pull them aside for a random inspection. During the course of that inspection they may go through any and all electronic and printed items (ACLU, 2013). ICE and Department of Homeland Security have similar policies. These policies all seem to throw out the fourth amendment which states Ã¢â¬Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seizedÃ¢â¬ . (Fourth Amendment, 1789) Some argue that this is a necessary right to forgo, to stop such things as child pornography, or links to terrorism (DHS, 2014). I have even heard the excuse of Ã¢â¬Å"If you have nothing to hide, it shouldnÃ¢â¬â¢t be a problem. Ã¢â¬ I respectfully have to disagree, quoting Benjamin Franklin Ã¢â¬Å"They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety. Ã¢â¬ (Franklin). Currently this policy seems to favor crime control, and not due process, violating peopleÃ¢â¬â¢s rights without just cause. Roles of the Courts: The courts play a few roles in this policy. One role is as they are prosecuting the violations several cases might get thrown out due to the constitutionality of the search. Courts have the power to look at this policy, and try to find a way to fix the constitutional rights that are being violated within before people that deserve to get punished, get set free to continue their illegal activities. If this does not change, many more innocent people maybe hurt as their rights are violated trying to attempt to catch people that will try to get away with a crime any way they can. Some may think they have nothing to hide, that theyÃ¢â¬â¢ve done nothing wrong, only to be caught because in a text message they talk about something private that may raise questions in the eyes of the officer. Conclusion: . The people need to know that they are going to be innocent until proven guilty and they have to trust that the government always has their best interest in mind. This includes keeping their essential constitutional rights in mind, and protecting them from possible abuse of power by officers who feel above the law. Due process and Crime control models do have their place, and the countryÃ¢â¬â¢s courts must attempt to find a balance between the rights of the individuals and the protection of society. By analyzing the policies at hand, and establishing clear boundaries ensures that the criminals are caught the correct way, and the rights of the innocent people are left undamaged.