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Protections Against Improper Police Behavior Essay
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Protections Against Improper Police Behavior
Ladies and Gentlemen,
It is important to note that in seeking to detect and prevent crime as well as when it comes to the apprehension of lawbreakers, you need to be mindful of the various protections accorded to the citizens of this country against improper police behavior.
To begin with, you need to be aware of the various protections the Federal Constitution accords the citizens of this country against any police behavior regarded improper. A good example of the said protections can be found in the Fourth Amendment. The Fourth Amendment according to Travis III (2011) "protects the homes, papers, and possessions of the citizenry from unreasonable searches." Towards that end, in addition to being judicially suctioned, any warrant should be supported by what is referred to as probable cause.
Further, still on the protections accorded to citizens by the constitution against improper police behavior, the Fifth Amendment in the words of Travis III (2011) "protects citizens from overzealous interrogation by the police." You must therefore ensure that you do not abuse your authority while seeking to obtain evidence from suspects. Amongst other things, you must not resort to threats or torture as a conviction cannot be founded on forced confessions.
It is also important to note that in the past, a number of landmark court cases have further reinforced the protections citizens are accorded against improper police behavior. One such case is Mapp v. Ohio U.S. 643 (1961). In this particular case, it was held that evidence obtained irregularly i.e. In violation of the Fourth Amendment (which I have already discussed elsewhere in this text), may not be used in a trial. According to Travis III (2011), police in this particular case claimed they had a search warrant which they did not produce during trial. Miranda v. Arizona is yet another important landmark court case worth mentioning. In this particular case, the Supreme Court in the words of Travis III (2011) ruled:
"that when police have a suspect in custody, they must advise…
Sample Source(s) Used
References
Bumgarner, J.B. (2004). Profiling and Criminal Justice in America: A Reference Handbook. Santa Barbara, California: ABC-CLIO.
Champion, D.J. (2001). Police Misconduct in America: A Reference Handbook. Santa Barbara, California: ABC-CLIO.
Travis III, L.F. (2011). Introduction to Criminal Justice (7th ed.). Burlington, MA: Elsevier.
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