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INDIVIDUAL RIGHTS V. LAW AND ORDER
There exists debate over many criminal justice issues in society because there is division over which should take precedence the rights of the individual or the rights of the majority. The latter justifies affording greater power and influence to law enforcement and prosecutors because it is believed that safety of the public should supercede the rights of the individual. In most cases, those that defend the law and order approach only seek to have it applied to those that break the law or who may present a direct threat to the safety of the wider society. In some cases, those that defend this approach desire to have it apply to areas that raise particular controversy. These areas include crimes that have not yet been committed but may be likely to be committed because an individual or group may have committed a crime in the past or are suspected of engaging in criminal activity in the present. Strict proponents of the law and order perspective seek to have law enforcement have greater latitude to have criminals arrested, charged and convicted. The law and order perspective contends that too great an emphasis on individual rights will restrict law enforcement and allow offenders to escape punishment. Civil libertarians are concerned that arbitrary police practices that may occur should they be afforded greater latitude may infringe on human and Constitutional rights.Due process is the concept that is associated with the individual rights v. law and order issue. The concepts restricts the power of the state a more particularly law enforcement and prosecutors. The Bill of Rights, the first ten amendments to the U.S. Constitution, contains separate individual rights. Of these, 1 of them address procedural rights for persons accused of criminal acts. In 178, the U.S. Supreme Court ruled that the prohibitions against government action that are in these amendments were restrictions only at the federal level but not on the State level.
In moving from the personal sector into the private sector, an individual's private rights and civil privileges tend to supercede their personal rights. On entering the public sector, specifically political life and public office but also as a celebrity, an individual relinquishes even more of their personal and private rights. Investments owned by Presidents of the United States must be held in blind trusts, out of their control and, in theory, out of range of their knowledge. Intimate details of personal lives may become public information. Criticism and ridicule goes with the territory as celebrities, public officials and policies become the subject of late night comedy shows and cartoons. Public personalities endure it all with very little defense and virtually no recourse. For better or worse, a free society has the collective right, in the form of the personal and private rights of its members, to voice its opinion.
However, many cultures do not share the primacy of the value of individualism. Consider the factual data presented by Davis that about 70% of all cultures are collectivistic (i.e., loyalties of a person to a group exceed the rights of the individual) rather than individualistic (i.e., the rights of the individual supercede those of the group). With individualism, importance is placed on individual inputs, rights and rewards (Andrews, 1, p. 476). In many cultures, health decisions are not made by an individual but by a group family, community and/or society. Socialized medicine or government sponsored health care for all residents is reflective of the value placed on collectivism.
Therefore, reflecting on the values that predominate in the culture you practice, attain an education, visit, or read about is a requirement for ethical thoughtfulness. Ethics has many definitions but, typically, ethics is viewed as a systematic way of examining the moral life to discern right and wrong; it also requires a decision or action based on moral reasoning. Ethical conflicts occur when a person, group or society is uncertain about what to do when faced with competing moral choices (Silva, 10). Ethical conflicts and issues occur within or among cultures and are usually precipitated by cultural/subcultural values in opposition.
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