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Balance in the Administration of Justice and Security

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Balance in the Administration of Justice and Security Integrative Paper

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Balance in the Administration of Justice and Security Integrative Paper
Justice and security are faced with concerns that affect in the daily processes. The concerns have to balance to guarantee no rights are violated. This paper will analyze the concerns regarding the legal environment in which the justice and security administrations function, the transformation in technology and mass communication and the influence on justice and security areas, the problems involving an individual’s rights as opposed to the needs of the justice system and security upholding order and public safety, how the growth of justice and security over the 21st Century best balances rights and freedoms with vigilance, and appropriate authority to safeguard the public in a free society with respect to constitutional assurances regarding individual rights.
Issues Regarding Legal Environment
Issues regarding the legal environment are abundant, especially when discovering how justice and security administrations function. To begin with, it is important to know who a security or legal administrator is. A security or legal administrator is an individual who fulfills an office management position or a non-attorney position and is liable for total routine operations. He or she is liable for safeguarding the distribution of services by overseeing his or her employees and recognizing and creating business prospects. He or she also works inside law divisions and handles many obligations other than essential legal work or the duties of the legal work. The people who work in the administrative area of law enforcement and security must guarantee he or she is not infringing on the rights of the victim or the offender when he or she is working on cases.
Travel is an issue that justice and security administrators must manage daily. The legal setting of border crossing agents and airport security has been in the media for several months. Immigration and Naturalization (INS) and Transportation Security Administration (TSA) have some large concerns regarding travel. TSA held a seminar in August with the European colleagues, and examined the increase of baggage screeners, improved security checkpoints, and security methods for the employees. INS is also dealing with problems regarding border crossings. Passengers traveling to Mexico or Canada are expected to have a passport; on the other hand, traveling to those countries do not require passengers to have a passport to enter. The INS has revised the citizenship test to guarantee the applicants can remember the specifics. In addition, TSA has redevised the Federal Air Marshall Service after the September 11 attack on America to safeguard the airplanes during each flight. Every law agency still has to guarantee he or she is not infringing on the rights of the passengers (Transportation Security Administration, 2013).
Technology and Mass Communications
Technology and mass communication transforms nearly every day, but in earlier years this was not factual. In fact, these changes have concerned many small cities, towns, and counties because the government does not have the income to maintain these changes. These changes influence how law enforcement and the emergency response respond to distress calls. In fact, Homeland Security, in concurrence with the United States General Accounting Office (GAO) has been examining these issues since 2003. The incompetence occurred long before the terrorist attack on September 11, 2001, according to the facts. The government has numerous departments examining the issues, particularly with the wireless communications. “The interoperability issues that the nation faces today did not arise overnight and they will not be successfully addressed overnight. Federal, state, and local governments face several major challenges in addressing interoperability in their wireless communications” (United States General Accounting Office, 2003, Para 8). The article listed three trials that must be met to meet the objectives. The first challenge is to recognize and describe the obstacle. This challenge was met by recognizing there are issues with the ways communications and technologies are constantly changing. The second challenge is to ascertain standards and goals, and to compare the standards and goals between the cities, towns, and counties needs and circumstances. The third challenge is to define exactly how each state, federal, and local government will meet these positions in any essential improvements and apply any national principles or evaluating what the government needs to meet these goals (United States General Accounting Office, 2003).
In the GAO article, GAO-04-231T, these trials are broken down even further. The team said for the first challenge, “it is important to recognize that interoperable communications is not merely a technological issue or an end in itself. It is rather a key means of achieving a desirable objective--the effective response to and mitigation of events or incidents that require the coordinated actions of emergency responders. These events could encompass a wide range of possibilities, such as multi-vehicle accidents, major floods or wildfires, or a terrorist attack that involved thousands of injuries” (United States General Accounting Office, 2003, Para 22). The team also stated with technology changing constantly, there would forever be problems with communication. The team said for the second challenge, “develop national interoperability performance goals and technical standards that balance consistency with the need for flexibility in adapting them to state and regional needs and circumstances” (United States General Accounting Office, 2003, Para 36). The government must create an approach to chance on public safety and still be capable of communication. The team said for the third challenge, “incompatible communication systems impede intergovernmental coordination efforts. The Committee recommended that the federal government take a leadership role in resolving the communications interoperability problem” (United States General Accounting Office, 2003, Para 50). The government must improve and say exactly what methods the government uses and perhaps help back modifications at the local and state levels. This will guarantee everyone can communicate regardless where he or she is stationed (United States General Accounting Office, 2003).
”The fundamental barrier to successfully addressing these challenges has been the lack of effective, collaborative, interdisciplinary, and intergovernmental planning. No one first responder group or governmental agency can successfully fix the interoperability problems that face our nation. It will require the partnership, leadership, and coordinated planning of everyone involved” (United States General Accounting Office, 2003, Para 12). The relationship of every security agency and law enforcement agency guarantee every goal is established and encountered in a certain time frame prearranged by everyone. The absence of suitable communications and technology has distressed lives and triggered death because of the incapability of receiving vital assistance in a timely fashion. The GAO is hopeful with Homeland Security’s assistance, local, state, and federal governments can acquire a communication method that will remain up-to-date in the constantly changing technical world, or as a minimum, a method that the government can upgrade (United States General Accounting Office, 2003).
Individual Rights and the Justice System
Individual’s rights and the needs of the justice system while maintaining order and public safety have been a debated issue for several years. The Constitution has many individuals who believe the Constitution should be inscribed in regard to the current conditions in the United States. The First Amendment is one of the Bill of Rights hardest hit regarding individual rights and public safety. When an individual is in protest, a riot could ensue because of the words used during the protest. Two controversial topics that can cause a riot are abortion and religion. Street preachers will preach Gods word to people on the street and most people do not want to listen to someone preaching “the word of God” whether he or she is religious or not. This can cause a riot in the street (The United States Constitution, 2012).
The other big controversy is abortion. When abortion was legalized in certain states, many prolife supporters were outraged and began protesting outside abortion clinics. Prolife supports do not believe the United States Supreme Court should have ever legalized abortion and many abortion clinics are protested daily by prolife supporters. The supporters are protected by the Freedom of Speech but if the protest gets out of hand, law enforcement is called to ensure no individual is hurt or property is damaged. Cities and towns that have abortion clinics keep the law enforcement agencies busy because the officers must patrol the area of the abortion clinics many times throughout the day and night to safeguard the building and the employees. Abortion clinics perform more services than just aborting babies but people tend to forget that and the people focus on the abortion instead of the other services (ProCon, 2013).
The government is taking another look at the Second Amendment currently because of public safety and individual’s rights. The people in the United States have the right to bear guns but in the wake of the mass killings in 2012, the government is revisiting this right. President Obama is creating gun control laws that will make it harder for people to purchase guns. On one hand, he is doing this to prevent any more mass killings from occurring. On the other hand, he is taking away the rights of the people. This is a huge controversy currently in the United States. The National Rifle Association is fighting to keep these rights of the people to bear arms. One part of the new gun control laws that will soon pass is for mental health information to be accessible when individuals want to purchase guns. This is a violation of the rights of the patient but the government does not see it that way. Imposing new gun control laws in the United States is not going to stop the killings from occurring. Offenders will still be able to gain access to gun, even if he or she has to smuggle the guns in the United States (US News, 2013).
During legal proceedings, every court official must not violate the 5th or 6th Amendments to the Constitution. These two amendments guarantee rights of the offender and if these rights are violated, the entire case against the offender can be thrown out, and the offender will walk. A fair trial, a speedy trial, the right to counsel, and outrageous bail are just some of the rights of the offender in these amendments. Public safety is a concern, especially if the offender is a murderer but the murderer has rights too that the must not be violated. The offender has the right to face his or her accuser, and this happens quite often in rape cases. This is tough on the victim, but the offender is guaranteed this right under the Constitution (The United States Constitution, 2012). History has shown that law enforcement must change as technology changes to balance the rights and freedoms with vigilance to protect the people while respecting the Constitutional rights. Technology can be anything from how each government and law enforcement agency communicates with each other to how crowds are subdued in the case of riots. Law enforcement officers know and understand that excessive force cannot happen and other measures must be taken to guarantee the officers do not violate the rights of the people. Law enforcement officers must follow protocol and the Constitution to guarantee the rights of the offender are not violated or the offender will be free to offend again (The United States Constitution, 2012).
Conclusion
Justice and security issues will never go away. The United States will always be faced with some issue that relates to justice and security issues. Sometimes this affects the control the people have over certain issues. The Supreme Court has seen countless issues in regard to the rights of the people and how those rights were violated. Every government agency must uphold the laws but also use his or her discretion regarding those laws. The Constitution was put in place for the people regardless if that person is a criminal or an upstanding citizen, and it is the job of ever official to guarantee those rights are not violated. With the constant changes in technology, law enforcement and security personnel must follow the changes and embrace the changes. Change is good for law enforcement as well as the people. The Constitution is one area that has not faced any changes. Those amendments are still in place and must be followed to ensure the safety for the people of the United States. Any violation of rights can cause a criminal to go free or an innocent person to live in fear if his or her rights have been violated. Every law enforcement agency must work together to safeguard these rights of the people.

References

United States General Accounting Office. (2003, June). Retrieved February 16, 2013, from Government Auditing Standards: http://www.gao.gov/govaud/yb2003.pdf
The United States Constitution. (2012, March 17). Retrieved January 25, 2013, from The United States Constitution: http://constitutionus.com/#amendments
ProCon. (2013, February 5). Retrieved February 16, 2013, from Abortion: http://abortion.procon.org/
Transportation Security Administration. (2013). Retrieved February 17, 2013, from Traveler Information: http://www.tsa.gov/traveler-information
US News. (2013, January). Retrieved February 16, 2013, from Should Obama's Gun Control Proposals Be Enacted?: http://www.usnews.com/debate-club/should-obamas-gun-control-proposals-be-enacted

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