Balance in the administration of justice
The term justice refers to canal provision of rights to every citizen in a given century. This concerns equal distribution and proper allocation of good things like wealth, and power. For a country to have justice in practice, people should be governed by laws which are well defined in a constitution. Such laws assures citizens freedom in all their activities for instance, one can have a freedom of speech, freedom of worship, freedom of movement among others. Through justice, one should have a right of access of any requirement like medical care, job opportunities, education and also settlement.
At the same time, a country should ensure retributive of justice which mainly deals with rights response to law violators. This is facilitated by penalties administered to wrong doing. The major issues concerning legal environment in which justice and security administration operates includes natural laws which involves the system of results which naturally deserves from any action or choice. For every action taking place, there must be an equal opposite reaction which makes administration of justice to be universal and absolute concept.
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Authority in command is another environment in which justice operates. The country formulates rules and regulations which governs the people. Whatever is not allowed in the rules is termed as injustice. The state than has the mandate to administer the rules to the people concerned through its authority to command. Justice should also operate under mutual agreement of everyone concerned. For this case, the formulation of laws in a country should not favor any group. The biasness leads to unequal administration of justice which in turn can lead to imbalance in the state.
The issue of fairness should be considered where by each person should have equal right to the whole system of equal basic liberties compatible with a similar system of liberty for all. The least advantaged should have fare equality of opportunity to social and economic inequalities. Right history plays a major role especially in ownership of property. Each individual should be entitled to having the right kind of history be it from just acquisition especially by working or unowned things or just transfer, from sale or free gift but not from unlawful means like grabbing and stealing.
Retributivism is another issue concerning legal environment which justice operates. It involves dealing with justice violators. For instance when one is denies his/her right, that should be reported to authority for necessary steps to be taken. Wrong doing should be balanced/made good which is achieved through punishment administration. Justice administration should portray a high independency in investigation of truth. For instance, during judgments, the lawyers and magistrates should not be bias but drill on truth of the matter to know the reality of a phenomenon.
Joint terrorism task force is another area where justice and security administration operates which is a small cell of highly trained, locally based argent for law enforcement in monitoring and investigating terrorists. Obscenity prosecution task force is another field of justice and security operation which deals with protection of American’s families and children through being involved in their nation’s obscenity laws.
Assistance to victims of crime, prisoners and ex-offenders and also women from domestic violence is guaranteed by organization of faith based and community initiatives task force in US through provision of funding opportunities within the federal government. Violence in schools has been prevented by the department of justice and department of education through provision of guide to help schools and communities to educate each other on safeguarding their children. Drug abuse is another issue which has affected the communities’ development.
This has been prevented through mobilization of citizens, use of policing strategies and to school children, through use of after school recreation program. Voting is another area, where justice and security should be exercised. Every citizen is allowed by the law to freely choose the leader he/she requires without any influence. Justice also prohibits interference with access to reproductive health clinics or places of religions worship. Such should be accessible to every citizen. The changes in technology and mass communication has posed a positive effect administration of justice and security.
Such includes establishment of the police and Criminal Evidence Act 1984 A century ago before introduction by the police and criminal evidence, police used to interview suspects generally through transcription of questions and answers from memory. This led to recommendation of gradual introduction of audio recording of police interrogation in police stations which facilitated subordinate legislation to be drafted in such away to leave the rules regulating the police in the exercise of their investigative powers, including interview recording with suspects.
Advancement in technology has also led to public awareness of the laid down regulations through use of medias, law books and magazines. This enables the citizens to learn about the new rules and adhere to them appropriately. Technology and mass communication has led to revolution in telecommunications technology since 1978. If changed from making of calls on a wire and almost all transoceanic communications in radio communications to today’s technology which has reversed, as mot long-haul communications are on wire and local calls often travel by air.
Other wholly new methods are also in place today like use of cell phones and e-mail which were not popular in 1970s. These new developments in technology play a vital role in restoring of security in different parts of world because information is acquired immediately after. Use of detection methods has contributed highly in maintenance of justice and security. This is acquired through use of well trained groups like intelligence groups who can be able to acquire a certain information before the disaster occurs.
Change in technology and mass communication on the other hand can have negative effects in justice and security in that, for instance in times of world wide crisis, direct conveyance of first hand information can lead to incitation into other parts, hence lead to more damages. Technology also enables violators to use advanced destructive methods like bombings as for the case in US 1987 bombing Technological change also enabled citizens to know about the democracy. This automatically ruled out the traditional dictatorship leaderships and opened people’s mind to learn about their rights.
The issues involved with individual rights versus the needs of the justice system should be balanced to maintain order and public safety. This has been achieved through regulating rules which are not bias to certain group of citizens. For instance, the right of speech should be available to every citizen. This enables everyone to express his/her self everywhere in the country. Every citizen is also entitled to a freedom of religion. A government should not decide on where and who people should worship but this should be based according to their faith.
Assemble is another individual right whereby citizens should congregate anywhere and address their issues. The laws formulated by the government should abide to such rights for maintenance of order and security. Every citizen should be entitled to right of press in order to express his/her issues to others. The laws should not forbid this right because not unless one expresses himself, the shortcomings in the citizens cannot be known to the government. Voting is another issue whereby an individual should decide wisely on who to elect.
In case of any malpractice, this can result to disagreement among the citizens hence lead to civil war in the country. Education opportunities should be available to every citizen in the country. This should be achieved through provision of similar education system of the same quality to all students irrespective of poor or rich families. Health facility is another issue which should be available to every citizen. In order to balance this issue with the justice system, the government should have well stipulated laws allowing free acquisition of medical care to the aged and the children.
Employment opportunity is another issue which should be available to every citizen. The provision of this aspect should be justified according to ones qualification. The government should ensure this through setting rules to guide the concerned bodies of employment distribution. Disabled citizens should be treated like any other individual. The government should ensure they are given the first priority in issues like employment opportunities. Equal protection should be available to every citizen.
Such protection should be under the law which ensures security to citizens either from assaults or injury by fellow citizens. This represents the right to live surveillance free and not to be identified as a suspect or to live suspiciously. The issue making decision about ones choice should be available to every citizen. For instance one should decide on marriage and reproduction which should be guarded by law and order. There should be provision of justice in issues of inheritance. This should occur after death of ones mate whereby his/her wealth should be inherited by the one who is left back.
The issue of privacy should be observed as an individual right to every citizen. The law should ensure people’s security in their persons, honses and effects, against unreasonable searches. Another issue includes trial by jury. When one has been arrested, he should be proved guilty through trial. In all criminal prosecutions, the accused should enjoy the right to a speed and public trial and be notified. About the nature of cause of accusation; to be confronted with the witness against him to have a compulsory process for obtaining witnesses in his favor and look for help for his defense.
Cruel or unusual punishment is another issue which should be justified by the law to ensure public safety and order. Once an individual has been arrested the issue of demanding excessive bail should not be practiced. Such an individual should be judged and if proved guilty, required punishment should be undertaken without imposing excessive fines or inflicting cruel and unusual punishments which in turn can lead to total harm to the victim. The issue of right to own and enjoy property has been an important aspect of human right.
The law should justify that no individual should be deprived of either life, liberty or property without due process of law; nor shall private property be taken for public usage and yet there is no compensation from the government. Such property include land, among others. References: Washburne G,(1923). Imperial control of the Administration of justice in the thirteen American colonies,1984-1776. New York. Brussels P, (12/9/2002). Finding the Balance. Cittation from internet. http://www. crisisgroup. org/
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Balance in the administration of justice. (2016, Jul 19). Retrieved from https://phdessay.com/balance-in-the-administration-of-justice/
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