Public Safety Debate

Public Safety vs. Civil Rights Debate Michelle D. Mott AJS/522 Legal Issues in Justice and Security April 14, 2013 Professor Brenda Ward Public Safety vs. Civil Rights Debate In the United States public safety versus civil rights has become a very serious issue in the Criminal Justice System. Almost every day concerns in courtrooms involving civil rights and public safety issues associated with controversial issues involving death penalty, gun control, pursuit driving, and hate crimes.

Law enforcement and government is caught up in the debate of enforcing the current laws and amendments as well as balancing the safety of the people civil rights associated with the administration of justice and security within the communities. This paper will evaluate some of the key issues associated with the current laws and amendments associated with the administration of justice and security debates on deterrents and violations of civil rights and the public safety on issues of death penalty, gun control, hate crimes, and pursuit of driving. Public safety versus civil rights debate

In a poll taken by Darren Yarborough, out of 772 votes, 440 votes believes that Public safety is not more important than civil rights. This issue has been a very serious issue for people within the United States. The news reports almost daily that there are some type of protest on the in regards to people that does not agree with what the government is doing when it comes to their civil rights. This argument has been at the forefront of many political issues for the United States because people are in disagreement about public safety and their civil rights being violated.

The Civil protect citizens and are considered to be the foundation of this country. Under the Civil Rights laws criminals, terrorists, and enemies of the state are protected as well as the law abiding citizens. But with that, come the protection of, and the freedom for these people to move and operate against American ideals. The slightest restrictions on civil rights increases the safety of the general public, enables law enforcement agencies to operate more fluidly, and increases the rate for crushing the opposition. The safety of the general population is far more important than the protection of the rights of one citizen” (Yarborough, 2009). Many people argue that the restricting of civil rights in the name of public safety is unfair and unjust, but the same people will turn around and lobby for law enforcement agencies to work harder to protect them from terrorism and any other types of criminal acts. There are people that believe that the two types of principles cannot go hand in hand, and that the safety of the public is far more important than civil rights.

There is a question going around amongst citizens that could it had been possible if crime and domestic terrorist act that has been successful, could authorities have prevented them if they were properly trained. Civil rights have been put into place to help protect citizens and restrict law enforcement agencies from operating in an unorthodox manner. Yarborough (2009), “With tighter restrictions, certain people and certain actions do not slip by government agencies, and decrease the risk for a terrorist act of happening in the United States ” (para. 1).

Pubic safety of its people is the most important job of the government. Many times the government fails to do its job when more emphasis is placed on civil rights (Yarborough, 2009). The Death Penalty Death penalty advocates believe that “you do the crime, you do the time” message acts as an unfriendly reminder that the consequences of crime are unwavering (Bedau & Cassel, 2004). The death penalty or as some may call it capital punishment is the legal process when a person is put to death by the state for punishment because of a crime he or she has committed.

When a person is found guilty in the court of law for committing a capital crime such as murder include sabotage, train wrecking causing death, treason, perjury causing execution of an innocent person, fatal assault by a prisoner serving a life sentence, felony murder, capital drug trafficking, capital sexual battery, aircraft hijacking, perjury resulting in death, killing of a law enforcement officer, murder for hire, murder by an inmate while serving a sentence of life without parole, sex crimes against a child under 14 or under 16 (varies with state), arson, robbery, escape and resisting arrest.

First-degree kidnapping resulting in death and murder committed in the course of sexual assault, rape, kidnapping or drug-related crimes are also considered to be capital punishment crimes (Department of Justice, 2001). When a person commits a serious crime that has the penalty to be put to death has been a huge debate, not only amongst citizens but law makers as well. It has come to the point where people are protesting against the death penalty.

According to capital punishment backers, the fact that death row inmates exhaust all options to reduce their sentences clearly implies that individuals fear death more than imprisonment (Bedau & Cassell, 2004). There are protestors that claim the judicial system is no better than the person on death row because they are playing God by taking the defendant’s life for a crime he or she has committed. Gun Control

Citizens have their own opinion on how the control of guns should be. Because of the ongoing shooting sprees that are happening throughout the United States, people are fighting to keep the 2nd Amendment protection of the right to bear arms, no matter what measures they would have to take. Gun right advocates speak out on gun control because it violates the people 2nd Amendment Rights and that there should be no restriction on gun ownership.

There are several factors to why people kill people with guns for no reason such as race, gender, sexual preference, mental problems, jealousy, religion, financial, and depression just to name a few. Race has always been a major player when it comes to violent acts and guns. From the Ku Klux Klan targeting blacks to the gangs that are now formed, violence has always been an answer to people disliking people because of the color of their skin.

According to Bureau of Justice Statistics (2004), “Blacks were 6 times more likely to be homicide victims and 7 times more likely than whites to commit homicides in 2002” (Race). When this survey was taken in 2002, it concluded that 84% of white people that was killed were killed by another white person and 96% of blacks that was killed were killed by a black person (Bureau of Justice Statistics, 2004). It is believed state licensing of gun dealers help law enforcement crack down on rogue gun dealers. It allows for easier sanctioning of gun dealers.

It will reduce illegal gun trafficking and make it more difficult for criminals and dangerous people to gain access (Jayne, 2009, para. 11). Pursuit Driving Most people will acknowledge the presence of an officer when he turns on his lights and or siren by pulling over to the side of the roadway. Then there are some people who will take that chance in the hopes that he or she will not get caught and flee. In doing this, there is a chance that the police will take pursuit in a high speed chase or foot chase.

Police pursuits and liability is an enormous subject, which has been found to be a debate on whether or not it is a good idea for police officers to give chase during a pursuit. On one side of the debate it can be heard that pursuits are worth the risks that are taken no matter the consequences. Then on the other hand, pursuits are being argued that police officers put themselves, the offender, and many innocent citizens’ lives in danger as well. Police pursuit laws can be considered as both criminal and civil in nature depending upon the state and their jurisdictions.

General principles of liability which are applicable to police pursuit driving include but are not limited the following: duty owned, proximate cause, immunity, the federal civil rights act, law suits by injured officers and criminal prosecutions (Pirro, 2009, para. 8). Just because officers have taken an oath to serve and protect, they still are held responsible for certain rules and regulations in order to protect citizens. Some people have accepted the fact that a police officer can initiate the stop of an automobile for any particular violation or suspected criminal offense.

If a motorist decides to refuse to stop, the officer has to make a decision on whether or not to pursue the offender. Pursuit driving can cause injuries or unnecessary mishaps that may endanger the pedestrians, bystanders, or police officer while trying to debate safety in the community. Difficult to manage both administratively and operationally, some of the risks associated with a high-speed chase include vehicle damage, property loss, personal death or injury, and litigation (Ashley, 2013). Hate Crimes The Federal Bureau of Investigation (n. d. website crimes of hatred and prejudice from lynching to cross burnings to vandalism of synagogues are a sad fact of American history, but the term “hate crime” did not enter the nation’s vocabulary until the 1980s, when emerging hate groups like the Skinheads launched a wave of bias-related crime. The Federal Bureau of Investigation began investigating what we now call hate crimes as far back as World War I, when the Ku Klux Klan first attracted the attention of the Federal Bureau of Investigation. The color of a person skin is not the only reason in today’s society a person is targeted for hate crimes.

People are now being targeted because of the sexual preference, his or her weight, because the person dresses or act different than another group, and of course because of a person’s race. Because of the frequency and the seriousness of these types of crimes, the Federal Bureau of Investigation now has a way to report these crimes whether you are a victim or a witness. Today, the Federal Bureau of Investigations remains dedicated to working with state and local partners to prevent these crimes and to bring to justice those who commit them.

Conclusion Public safety versus civil rights has always been a serious issue for people all over the United States. No matter what news channel a person is watching there is some type of report of protesting, police chases, hate crimes, and especially gun violence being reported. Whether it is someone being put to death by the government for a crime he or she has committed to hate crimes that have happened. Citizens are no longer willing to stand by and let things happen without a fight.

Citizens are fighting for their rights to carry guns to protect themselves as well as their families and personal property from criminals. They are taking every measure possible to establish a safe environment in hopes that the 2nd Amendment will support their right to bear arms to be protected from gun outlaws and those involved in violent hate crimes. Although pursuits can be dangerous and cause injuries to innocent bystanders law enforcement must consider whether or not it would be beneficial when compromising safety and security.

Reference Ashley, S. D. (2013). Reducing the Risks of Police Pursuit. Retrieved April 14, 2013, from CIRMA, Incorporated: http://www. sashley. com/articles/reducingtherisksofpolicepursuit. htm Bedau, H. , & Cassell, P. (2004). Debating the death penalty: Should America have capital punishment? New York: Oxford University Press. Department of Justice. (2001). Death penalty system. Retrieved April 14, 2013, from http://www. justice. gov/dag/pubdoc/dpsurvey. html Federal Bureau of Investigation. n. d. ). Hate crimes. Retrieved April 15, 2013, from http://www. fbi. gov/about-us/investigate/civilrights/hate_crimes Jayne, O. (2009, April 18). Pros vs. Cons: The gun control debate. Herald. Retrieved from http://www. herald-dispatch. com/news/specialreports/x1875259098/http://www. herald-dispatch. com/news/specialreports/x1875259098/Pros-vs-Cons-The-gun-control-debate Pirro, J. (2009, February 21). Newstimes. com. Retrieved April 15, 2013, from: http://www. newstimes. om/news/article/Police-must-weigh-pros-and-cons-of-hot-pursuits-110390. php Pitts, L. (2011, September 25). Troy Davis executed in Georgia. Baltimore Sun. Retrieved April 13, 2013, from: http://articles. baltimoresun. com/2011-09-25/news/bs-ed-pitts-20110925_1_charles-fain-frank-lee-smith-ray-krone Yarborough, D. (2009). Is national security more important than civil rights? . Retrieved April 11, 2013 from: http://www. helium. com/debates/217405-is-national-security-more-important-than-civil-rights/side_by_side