Public Safety and Individual Rights Paper
Write a 1,750- to 2,100-word paper discussing the relationship between public safety and individual rights.
Present your point of view on the following areas:
o Statutory authority and the responsibilities of government officials, security personnel, and private citizens
o Practices or laws relating to search, seizure, and surveillance by police, corrections, security personnel, and private citizens
o A comparison of the laws relating to the use of force by police, corrections, and private security
o Individual privacy rights and laws relating to policy, practice, and procedures
Safety and Individual Rights Paper
Top of Form
Presentyour point of view on the following areas:
Statutory authority and the responsibilities of government officials, security personnel, and private citizens
Practices or laws relating to search, seizure, and surveillance by police, corrections, security personnel, and private citizens
A comparison of the laws relating to the use of force by police, corrections, and private security
Individual privacy rights and laws relating to policy, practice, and procedures
Introduction
The Bill of Rights protects freedom of expression, religion, the right to have and bear arms, the right to assemble and freedom of speech. It also prohibits unreasonable search and seizure, cruel and unusual punishment, and self-incrimination. Among the legal protections it provides, the Bill of Rights prohibits Congress from passing any laws regarding the establishment of religion and prohibits the federal government from depriving anyone of life, liberty, or property without due process. In federal criminal cases an indictment is required by a grand jury, for any capital offense, or reprehensible crime, guarantees a quick public trial with an impartial jury in the district in which the crime occurred and prohibits double jeopardy.
The constitutional responsibility and authority of government officials, and security personnel is to protect private citizens from harm. Government officials, as private security, is compelled to abide all by-laws and policies. While public safety and security are the missions of the government officials and private security, the private citizen has the legal obligation and responsibility to obey the law.
United States Constitution, Bill of Rights, Declaration of Independence…
https://www.humanrights.com/what-are-human-rights/brief-history/declaration-of-independence.html
Statutory Authority and Responsibilities
Government Officials
The U.S. Constitution, which is the supreme law of the nation, defines the structure of the federal government and the functions in three main branches: the legislative branch, represented by the two houses of Congress – Senate and House of Representatives, and are responsible of passing bills before sent to the president for signature, the executive branch, represented by the president, the vice president, and the Cabinet, responsible of implementing laws, and the judicial branch, represented by the Supreme Court and the minor federal courts which interprets the laws and possesses the power to invalidate or declare a law unconstitutional, even if it has been passed by Congress and signed by the president; and may also declare the president’s actions unconstitutional.
The highest court in the United States is the Supreme Court consisting of a President of the court and eight associate judges. Each year the Court hears a limited number of cases. Most of these are taken at the court’s discretion. Cases can originate in federal or state courts and generally have to do with issues related to constitutional law. The judiciary is independent of the other two branches of government, which is considered essential to ensure impartiality and equality for all citizens, in the judicial sphere.
Security Personnel
Security personnel differ in power and authority of public security. Private security cannot read Miranda rights. They have legal limitations because they operate as private citizens. Although private security may perform an arrest, the need to contact local law enforcement is highly recommendable and report the incident by filing a formal criminal complaint. The validity of a citizens arrest varies among State laws.
Security personnel are allowed to use reasonable force in situations that are required to do so. Again, contacting law enforcement is imperative. There are occasions when the security personnel need to intervene and use force depending on the severity of the crime and the risk of harm other citizens may be exposed to.
Before 9/11, Operation Cooperation was created with the collaboration of the International Association of Chiefs of Police (IACP), National Sheriffs Association, and ASIS International (formerly the American Society for Industrial Security with funding from the U.S. Department of Justice, Office of Justice Programs Bureau of Justice Assistance (BJA). The purpose of the effort was to join the public and private sector in collaborating with security-related issues of homeland security.
This partnership has been key in the prevention of terrorism and terror-related acts. 85% of the nations infrastructure is protected by private policing and the public police frequently obtain threat information related to infrastructure. The partnership between private and public security have the resources needed to protect these from terrorism.
This partnership offers many benefits on both entities as is intelligence sharing, creative problem solving, access via private sector communications technology to the communities, and a quicker response time following disaster.
Engaging the Private Sector to Promote Homeland Security: Law Enforcement-Private Security Partnerships https://www.ncjrs.gov/pdffiles1/bja/210678.pdf
Security Officer’s Legal Limitations: When to Call the Police
https://www.deggy.com/security-officers-legal-limitations-When-to-call-the-police.html
Private Citizens
