The criminal justice system must maintain a balance between public order and individual rights. Choose one of the topics below. Analyze your topic from both a public order and an individual rights’ perspective. What are the benefits and the costs associated with each side of the issue?
Harm reduction strategies for those who use drugs
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Public order perspective From a public order perspective, stop and frisk can be seen as an effective way to deter crime and prevent terrorism. Proponents of the practice argue that it allows police officers to identify and apprehend criminals before they commit a crime. They also argue that it can help to prevent terrorist attacks by allowing police officers to stop and question individuals who may be planning an attack. There is some evidence to support the claim that stop and frisk can be an effective way to deter crime. For example, a study by the New York City Police Department found that stop and frisk was associated with a decrease in gun violence. However, other studies have found that the practice has little to no effect on crime rates. Individual rights perspective From an individual rights perspective, stop and frisk can be seen as a violation of the Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures. Critics of the practice argue that it allows police officers to stop and question individuals without probable cause, which is a violation of their constitutional rights. They also argue that the practice is discriminatory, disproportionately targeting minority communities. There is also some evidence to support the claim that stop and frisk is discriminatory. For example, a study by the American Civil Liberties Union found that black and Hispanic New Yorkers were more likely to be stopped and frisked than white New Yorkers. Benefits and costs The benefits of stop and frisk from a public order perspective include:- Deterring crime
- Preventing terrorism
- Identifying and apprehending criminals
- Violating the Fourth Amendment
- Being discriminatory
- Instilling fear in communities
- The death penalty
- Mandatory minimum sentences
- Pretrial detention
- Asset forfeiture
- Police surveillance
- Racial profiling