In order for this checks and balances to be put in practice, the judicial branch must have some important role as surveillance. This applies to the fact that judicial review can stop the legislative branch from exceeding its power. Not only the legislative branch but also, the executive branch is under the judicial watch. The court can also claim unconstitutional to the executive acts that are judged oppressive. It is their job to declare void acts by other branches violating the Constitution.
It states that the Privilege should only be used to protect the nation’s secrets and keep it safe from attack. It also tells that it is the Executive Branch’s Duties to use Executive Privilege to help maintain a separation of powers between the branches of government. Document J, Talks about how using Executive Privilege can cause problems throughout the whole government. It says when Privilege is used it causes the courts to have to find out what is absolutely need for the courts to proceed. The courts also then have to investigate the reasons that the Privilege has been used.
Down with the Patriot Act The Patriot Act is a very controversial law. It allows the government much more room to do as they please. Some of these practices that government officials can do are monitoring phone calls, emails, and going through personal records. They say this will help prevent terrorism, but is losing one’s privacy really worth it? Could there be a better way to prevent terrorism?
Theresa May and the Conservative-led government tried to bring in legislation and executive acts, but the judiciary protected Abu Qatada and his human rights, until his human rights would have been satisfied (Jordan agreed not to torture or mistreat him). However, regarding this issue, if government are incredibly keen on getting an issue through without the judiciary being able to intervene, they are able to bring in legislation to fulfil their wishes and bypass the judiciary. Following on from that point, the judiciary can prevent the unfair treatment of citizens through judicial review. This is the process through which cases between the government and individuals are reviewed on the basis of how lawful they are. By reviewing cases of dubious outcome, they can protect the rights of the individual rather than letting the government figuratively, walk all over them.
Criminal Law Foundations Evaluation Robert G. Skelton CJA 484 01/12/2014 Nicholas Barbella Abstract Laws were written to protect society from the criminal element, to protect the rights of the individual accused and to keep law enforcement in check to prevent an abuse of power. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th, 5th, and 6th amendments of the United States Constitution. It will also explain how these safeguards of the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus on the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel have on the day-to-day operation for juvenile and adult courts. Criminal Law Foundations Evaluation If laws were not in place, individuals could not hold onto their individual properties.
Cost and Benefits When determining the cost/benefit analysis to the exclusionary rule, one must take into consideration the outcome. This can be done by using critical thinking. Does the end justify the means? “The cost is that the exclusionary rule (cost to society) keeps evidence from the jury and makes it more difficult and more impossible to obtain a conviction (because of the loss of the evidence or the necessity of a retrial)” (Cost Benefit Analysis To The Exclusionary Rule, 2011). When officer conduct a search of a person’s house without following proper procedure the evidence that is obtained may not be admissible in court, the result is criminals go free.
The contrast to the is the Due Process Model in which is directed to the people of society and the rights, liberties and far justice for all, in which people are worried it limits the power that that state and federal government has on the proceedings in the criminal court system. The Crime Control Model has different priorities by look more towards the state and federal governments to protect society and does not care of the individual liberties. The Due Process model and The Crime Control Model are two different ways that people view the criminal court system. Each side has it supporters and can raise a valid argument as to which one works and to which one does not
This legislation, however, proved to have many loopholes around it for illegal immigrants to obtain drivers’ licenses regardless of their illegal status because the states were not obliged to conform to the standards. Therefore, states like Washington and Oregon that did not conform to the national standards until later in 2008 when the federal government made it that non-conforming licenses were no longer accepted in any federal agency, became a sort of a safe haven for a lot of illegal immigrants from various states to obtain drivers’
The property of a citizen should be kept in safety, Hospers says, “libertarians support legislation that protects the property rights of individuals against confiscation, nationalization, eminent domain, robbery, trespass, fraud and misinterpretation, patent and copyright, libel and slander” (Velasquez 677). Citizens within society must sustain the right to live without the fears of property abuses, if these rights are ever crossed capital punishment should be enforces upon the criminal. As a result, the only action the government should take should be the protection of a human’s right to life, liberty, and
I believe that banning the use of cellphones while driving would decrease collisions. Although the law banned drinking and driving, there are still collisions caused from drinking and driving. It is the number one cause of collisions across the globe. Driving and using a cell phone are two different activities that require total concentration, therefore they should not mix. Cell phone usage on roads are permitted by law in todays society, but more and more states are starting to campaign and enact legislation to limit the use of cellphones while driving.