Balance in the Administration of Justice and Security - Research Paper Example

? Balance in the Administration of Justice and Security Integrative Paper There have been a number of complaints previously regarding injustices in the community. Basically, the degree of injustices has increased exponentially in the field of criminal justice. The escalation of instances of injustices has made it quite hard for nations to guarantee the liberties of residents as well as offenders. The very increase of injustices have made governments to tighten the noose for offenders and put citizens under strict laws some of which undermine their liberties, rights and freedoms. In essence, due to the dire situation in the organization of justice a lot of stigma is exerted on criminals and they are separated from ordinary inhabitants thus denying them their fundamental rights. Additionally, criminals are exposed to cruel conditions and given very barbaric penalties like capital punishment. However, the progression of evenhandedness and protection has brought good tidings for offenders and general residents in the sense that it provides for a tight balancing act linking justice and security. Such a concept guarantees the equal rights of all in society and creates a viable ambience for the achievement of justice. Much of the development of security and justice occurred in the course of the 21st century mostly due to the novel technology along with regulations enabling nations to create fresh types of retributions in the process of advancing justice. The outcomes of this evolution are evident as more liberties have been included in constitutions with the endeavor of establishing balance. The ratification of constitution by the authority has been engineered by the need to offer justice along with security to its citizens. A number of parameters pertain to the legal atmosphere where constitution as well as justice thrives. These parameters comprise of authority, punitive measures, mutual understanding in addition to fairness. Moreover, there are matters that pertain to the liberties of citizens along with security and the sustenance of order (Barreneche, 2006). They comprise of intrusion with liberties of as enshrined in the law. Dynamics like mass media along with technology have facilitated the delivery of security and justice to the nation. There has been an unprecedented evolution of fairness with safety in the 21st century facilitated by the establishment of novel policies to boost security in the country along with the guarantee of justice. As a result, majority of the nations have enacted legislations that conceptualize the manner in which matters of crime are dealt with. Such stipulations have been central in the quest for impartiality in addition to safety in the nation making it possible to establish a balance between the two primary parameters. Therefore, the evolution of security along with justice has been good news not only to the criminal justice system but also to the twin dynamics of security and justice which occupy a central position in the vast criminal justice system. Subsequently, surveillance has been beefed up to address activities of crime in several nations. A perfect example is the ratification of an anti terror act by America to assist in thwarting instances of crime. The primary intention of the legislation is the guarantee of security to the country’s citizens (Kelly et al, 2004). Among the many dynamics of the law include the guarantee of safety via security measures at airports and boundaries and seizure among others. The central pillar is the noninterference with the rights and liberties of citizens in the process of maintaining security. Therefore, the process of providing security and guaranteeing order should not in any way compromise the liberties and freedoms of citizens. As a result, even offenders have their rights which must not be denied. Law enforcement officers and other security agents are supposed to esteem the liberties of citizens as exemplified in the constitution. Every operation and activity must be guided by the law. However, the anti-terror laws seem to obstruct the discharge of liberties. These laws do not inspire the balance linking justice, law and security. In perspective of current security and criminal events, this task evaluates the development of impartiality and safety in the 21st century in the purview of how it assists in dealing with offenders while regarding the freedoms and liberties of citizens as typified in the constitution (Pound, 1997). Equilibrium is an imperative model in criminal justice owing to the fact that it is a conduit to making managerial decisions regarding the operations of justice and security. The administration applies balance to ratify laws that promote each inhabitant in the nation. This facilitates the preservation of justice in the community. For instance, American government has ratified laws that administer citizens in the nation. The regulations ensure equivalent sharing of influence in addition to resources in the nation to advance justice. The government has scheduled rights in the legal framework that direct citizens. In essence, the liberties are intended at guaranteeing justice in the community. The liberties comprise personal rights that guard different liberties like just trial (Penny, 2011). In addition, criminal justice structure applies the idea of balance in the process of making managerial decisions. Such prevails mainly when conducting trial along with correction activities. Therefore, balance is a significant idea in the vast arena of managerial decision making. There are different matters that regard the legal atmosphere where justice along with security management functions. Justice is applied to denote the stipulation of equivalent liberties to everybody in the nation. Justice incorporates equal allocation of prosperity as well as power. Nearly all nations have established regulations to administer citizens in the nation. Statutes in a nation are applied to ensure residents get equal portion of resources along with power and are enumerated in the constitution. Furthermore, the laws award citizens in the nation diverse liberties. The stipulations offer residents a wide array of freedoms comprising of movement, expression and worship. Justice on the other hand facilitates citizens’ access to education and medication among other services (Brenner & Alexander, 2003). Despite the fact that, the statutes grant residents different liberties the government ought to establish mechanisms to penalize offenders. Such a move hastens a country’s ability to get rid of crime and guarantee security. Law enforcement executives are obligated with the assignment of esteeming the freedoms and liberties of residents in the process of guaranteeing security. Offenders ought to be subjected to the numerous penalties are enshrined in the laws. The responses assist law enforcement and governments coordinate justice generally. They facilitate balance actions in the vast atmosphere. Another matter is the influence leading the environment. Hence, the leadership forms a background where justice prevails. The government institutes laws to administer people in the nation. The regulations characterize what citizens are expected to do. Anything that is not part of the statutes is unlawful and therefore injustice (Great Britain Parliament: Joint Committee on Human Rights, 2012). The state has the power to penalize people who infringe the regulation established. Another significant matter in the arena is communal understanding; the functioning of justice is primarily based on mutual understanding. As a result, governments ought to develop regulations that administer people in the nation without any favoritism whatsoever. Biasness should not be tolerated in the society at all because it is a prime enemy of justice and liberty. Such a condition will guarantee the prevalence of justice in the processes of preserving security. Governments ought to conduct their activities in fairness and equality. There should be equivalent rights in the nation for the underprivileged. Punishment is a very imperative parameter in achieving balance of security and justice. Police are obligated to penalize people indulging in unlawful deeds. The essence of punishment is justice because offenders ought to be punished as a way of paying for their deeds. Therefore, punishment occupies a central position in the vast quest for justice through ensuring that wrong deeds don’t go unpunished. Retribution further serves the role of guaranteeing security through the deterrence of criminal activity. Once offenders are punished they along with other members of the society will stay away from criminal activities in future creating a secure society. However, in achieving justice through retribution, police officers ought to carry out their investigations in a manner that guarantees fairness and victimizes no one. Discrimination and favoritism undermine the pursuit for justice by becoming a source of injustice. Therefore, retribution should be applied only to people who have been confirmed as offenders through a thorough investigation process. A number of matters govern the liberties of citizens along with the necessity to uphold order and security in the society. The structure of criminal justice and liberties of citizens are highly contested subjects in the society today because of the fact that police officers often infringe the liberties of society while in the process of upholding order. Such infringement hinders the residents from taking pleasure in their liberties. There have been numerous cases where the government hampered the liberties of citizens; such instances include profiling along with seizure. The activities hinder the enjoyment of the liberties typified in the constitution. Search and seizure is permitted in cases when an individual is suspected of wrong doing. Law enforcement often conduct search and seizer in the absence of prior information of the person involved hindering the liberty of privacy (Fenwick, 2003). The bill of rights envisages a number of liberties that are to be enjoyed by citizens. These liberties are protected by the constitution and ought to be guaranteed both by government and law enforcement agencies. The liberties may comprise of convenient conditions of work, security, education along with fair trial among others. In the same vein the activities involved in guaranteeing order and security ought to be conducted in a manner that does not hinder the enjoyment of these liberties. Therefore, law enforcement ought to execute their tasks in accordance to the law and in the spirit of equality and fairness. One of the key hindrances of liberty and freedom is the aspect of discrimination. Favoritism undermines justice through the victimization of innocent or underprivileged members of the society. Personal liberties are more significant in the vast structure of criminal justice. This is because they typify the foundation of the system of criminal justice. Therefore, individual liberties have extra strengths than weaknesses. Among the merits is the obligation of government to guard and protect the liberties envisaged in the law at the same time uphold order in the society. Nevertheless in the process of guaranteeing order, government fails to honor the rights of people. This has evolved into a contentious debate regarding the liberties of residents and the task of upholding order and safety. In conclusion, balance is a vital standard that governments along with criminal justice field apply in the process of managerial decision making. This idea makes certain that the criminal justice function and government uphold security and justice in the society. The administration ought to guarantee equitable allocation of wealth in society via the laws typified in the constitution that offer direction to citizens. Several matters pertain to the legal atmosphere where justice and security function. The matters consist of fairness, punishment, power and mutual understanding. Laws are the prime dynamics in the protection of the liberties of residents and the government is charged with the obligation of establishing these laws. The creation of laws involves a lengthy process of decision making in which all sections of society ought to be represented. The sharing of resources is a major pillar towards the attainment of fairness in society which also lies in the purview of government authority. Punishment occupies a strategic position owing to its ability to bring justice to offenders. Therefore, in all ways the balance linking law, justice and security is quite imperative in guaranteeing safety as well as freedom to citizens. References Barreneche, O. (2006). Crime and the Administration of Justice In Buenos Aires, 1785-1853. Nebraska: University Of Nebraska Press. Brenner, E. & Alexander, Y. (2003). UK’s Legal Responses to Terrorism. Washington: Cavendish Publishing. Fenwick, H., Phillipson, G. (2003). Constitutional and Administrative Law. New York: Routledge Great Britain Parliament: Joint Committee on Human Rights. The Justice and Security Green Paper: Twenty Fourth Report of Research Session 2010-12, Report, Together With Formal Minutes and Written Evidence. Washington: The Stationery Office. Kelly et al. (2004). Equal Justice in the Balance: Americas Legal Response to Emerging Terrorist Threat. Michigan: University Of Michigan Press. Penny, C. (2011). In The Balance: The Administration of Justice and National Security in Democracies. London: Irwin Law. Pound, R. (1997). Criminal Justice in America, Volume 1997. Washington: Transaction Publishers Read More