Essay on "America Legal System and Personal"

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Essay 4 pages (1353 words) Sources: 2

[EXCERPT] . . . .

However the officer must point out specific tangible reason and facts prompting the search and must of necessity stick to that reason. Therefore, his questioning must focus only on the purpose of the search and the search must be temporary.

For instance if the police officer suspects that the person must be carrying contrabands, once he searches and questions him on the same and finds him clean, he cannot go ahead and question him on legality of his possession of the car. In the process of the search one may feel some infringement into his privacy and far worse is if the person has no contrabands on him but some socially shaming items like condoms extracted from his pocket in front of his children can feel like a gross intrusion into privacy.

The unreasonable government seizures, from which the Fourth Amendment of the constitution protects us is also a matter of infringement of privacy (Lectric Law Library, 2011). Though the authority must have a warrant of search and seizure, they may end up seizing irrelevant material and private files like diary, which at the end of it may be found to be having no relevance to the case, yet, it would be too late since our private information is already out there. Even worse, after the 9/11 incidence, the law allows for seizure without permit in a situation where the authority have enough convincing reasons that without the seizure of the object, there could be a greater risk posed to the wider public. For instance, if a police officer or detective who had bee following clue of a bomb being made, get sight of a briefcase similar to the one he has been following, then he can seize the briefcase for inspection since he has no time to run to c
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ourt before he comes back to get it, it will have gone off.

During the seizures, there is obvious disruption of peace since they come at whatever time they get the court order and never place and appointment with the suspect. It could be the time of your sleep and rest and peace of mind yet they disrupt the peace, never mind u may be proven innocent later on.

The traffic rules will always direct you on when to go, stop, park and so on. These may be in disregard to what u want and cannot allow u to make personal private choices. Effectively they contravene your privacy but it is necessary for the social order.

The police can as well, with enough reason for fear of security threats, ask everyone within a given confinement to produce proof of citizenship, I may be deprived of my privacy at that moment but it is purely legal.

People are restricted on what they can carry aboard planes, these may include drinking water, products in tubes like tooth paste and so on. It may be an infringement into privacy but for safety reasons.

These are a few among several others like the judge using his discretion to sentence you to maximum or minimum term, if he has something against you he may send you in for a long time, yet the law permits and has provision for that even if it is for your peril.

In general the good tidings that the American legal system portends for us are much more than the negatives despite the few loopholes and violations, juxtapose against the Middle East laws and you will be thankful it is America. It is true that the infringement into the privacy of Americans has grown more rampant after the 9/11 incidence, it is valuable to understand that this is done for the greater good of the American society. For good general order, there must be some disorder in small scale.

References

Lectric Law Library, (2011). Fourth Amendment (U.S. Constitution). Retrieved March 21, 2011

from http://www.lectlaw.com/def/f081.htm

Messick, R., (2001). Key Functions of Legal Systems with Suggested Performance Measures.

Retrieved March 21, 2011 from http://siteresources.worldbank.org/INTLAWJUSTINST/Resources/legaltoolkit.pdf READ MORE

Quoted Instructions for "America Legal System and Personal" Assignment:

How can the American legal system, which is so devoted to protecting individual rights, justify itself morally if it jeopardizes, through its own rules, the right of law-abiding citizens to personal peace and security. 4 page essay unplagiarized. Will get a 0 if more than 10% plagiarized.

Please just use web sites not books

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