“A multiple departments, jobs, responsibilities, and rules, which are

“A new dawn of leadership
is at hand. To those who would tear this world down- we will defeat you. To
those who speak peace and security-we support you. And to all those who have
wondered if America’s beacon still burns bright-tonight we proved once more
that the true strength in our nation comes not from the might of our arms or
the scale of our wealth, but from the enduring power of our ideals: democracy,
liberty, opportunity, and unyielding hope,” (Obama). In this quote from our
former President Barack Obama we see the true power of words, and government.
Without government there would be no leadership, and without leadership you don’t
have stability. Stability in this nation comes from the heart of government itself,
the criminal justice system. The criminal justice system is a group of multiple
departments, jobs, responsibilities, and rules, which are applied, to enforce
laws in America. The basics of these laws even go as far back as the Bible, in
the book of Genesis. Furthermore, with all of the things the criminal justice
system consists of the main purpose of the system is to uphold the different levels
of the law, maintain public order, and make sure there is always purpose among
actions taken to better America.

            The history of the criminal justice system began in the
times before Christ. Back then there were still bad people who had to be
contained. And with the fear of one hurting another, the one suspected of wrong
doing was locked away. According to a source, “…the Tullianum dungeon was one of the
first prison’s in Roman times, and was a place of neglect, darkness, and stench,
which gave it “a hideous and terrifying appearance,” and people who
were held in the prison never were given a chance to argue their innocence, according
to Roman historian Sallust,” (Jeter). This is a perfect example of history for
the criminal justice system, and how far it has come since then. As time has
passed the system has created different levels one must go through to determine
a verdict of innocent or guilty. First comes investigation. The investigation
of the accused is a scene of gathered evidence of possible attempts of a crime
(Schmalleger). If evidence is found of a possible crime, arrest of the accused
comes next. Arrest is the act of taking a person into custody of the law. This
may involve an arrest warrant, which is where your rights will be read to you.
The Miranda rights must be given before any questioning is done, or else the
things said before the rights were read cannot uphold in a court of law
(Schmalleger). After an arrest has taken place a procedure called, booking
happens. This is where he or she will be documented and filed into the crime
databases. Once all booking matters are handled court dates must be set. In a
court room, he or she will be given an attorney where they will argue the innocence
of the accused. If the accused is proven guilty a sentencing will be set forth
where he or she will spend a minimum amount of time in jail. Depending on the
crime the opportunity of parole is considered. With all of the components that
go along with convicting a violator of the law we see that without history we
wouldn’t have known how to begin the many branches that have to come together
to create the criminal justice system.

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            With
American freedom come certain rights given to him or her by the Constitution. The
individual and public right of a person has always been an issue in the
criminal justice system, and no one really knows where to draw the line. A
person’s individual rights are explained in the First Amendment of the
Constitution. “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble, and
to petition the Government for a redress of grievances,” (Bill of Rights). We
as American’s have the right to say, be, and pursue anything that we want in life;
however our rights can only protect us so far. We cannot use our rights to slander
another and then say, “Well I have a right as an American; this is my freedom
of speech.” There are also situations where people think protesting is their
right, which it is your right to rally, but when violence and riots break out is
when that right is terminated. In addition, individual rights can be violated
in some situations if it is in public interest. For example, if you were in the
privacy of your own home while having a conversation on the phone about bombing
the White House your individual rights have now become public rights. This is
where your rights have been taken into the publics hands in order to protect another
cause you are trying to hurt.

This issue is a very confusing
topic where thick and then lines are drawn, and where no lines are drawn at
all, but are implied. In my opinion, history has been no help in deciding where
to draw the line between individual rights, and public order. With that being
said the future for determining where to draw the line between individual rights,
and public order is always going to be a question for the future. As society is
changing so is the way American governs things. Even though actions must be
taken to avoid this very complication the way the criminal justice system is
handling the issue now is good enough. Maybe allowing lines to stay vague is
what needs to happen to maintain control in that particular area.