Individual Rights Versus Public Order
Individual Rights 2
Public order and individual rights are not new controversy and how, since,
Immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. This controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and, how in addition to these rights secured by America's forefathers, a number of institutions have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, the criminal justice system needs to focus on the advantages and disadvantages of both. Individual rights are a multipurpose legal term that refers to what an individual is allowed to do and what can legally be done to them. It is the concept of individual rights that is the central theme in the due process model' of criminal justice. The advantages of individual rights exceed the disadvantages. One advantage is that the government is bound by the Constitution and is sworn to preserve, protect, and defend it. If all Americans remained loyal to the Constitution, our republic would remain safe. In the structure of the American system, the people and their individual or natural rights are at the top. The United States guarantees all human beings, as the United Nations emphasizes (pg.1):
the right to life, liberty, and security of person
freedom of association, expression, assembly, and movement
the right to the highest attainable standards of health
freedom, from arbitrary arrest or detention Individual Rights 3
the right to a fair trial
the right to just and favorable working conditions
the right to adequate food, housing, and social security
the right to education
the right to equal protection of the law
References: Encarta Encyclopedia. 2002 Encarta Online. 26 June 2006. Bierne, P., Messerschmidt, J. (2000). Criminology (4th edition) Boulder, Colorado; Westview Press. Office of The United Nations High Commissioner For Human Rights. (2006). Frequently Asked Questions on a Human Rights-Based Approach to Development Cooperation. United Nations, New York and Geneva. Candra Ogden June 27, 2006