Free Custom «The Crime and the Society» Essay Paper

Free Custom «The Crime and the Society» Essay Paper

Search and seizure is a legal process in many countries and county governments. It involves police authorities and other law enforcing agents performing their searches on houses, vehicles, and computers in order to find information of a suspect. Dareton police are responsible for searching the vehicles of people who are suspected to be smuggling drugs in the cities Wentworth. In many countries, constitution provides citizens with freedom against unreasonable search and seizure. In such situations, people argue that search and seizures is infringement of personal right to privacy. In all events of search and seizures, a search or seizure warrant must be provided by a court of law. When a search is performed and evidence, it is presented to court which in turn provides an arrest warrant. This evidence may however be rejected by the court.

In the United States of America, The fourth amendment of the American constitution prohibits state officers to search and seizure of all people unreasonably. It states that American citizens have a right to be secure in their houses and any other private property. In actual sense, if any search or seizure is performed without a court warrant, is termed as null and void. According to the fourth amendment warrant requirements, a search warrant is a document that allows any law enforcement officer to perform a search in a given place or a particular residence, office, and vehicles of the suspected individuals. In most cases search warrants for cars and vehicles are not needed.  This means that the fourth amendment has some exception like for automobiles, searches to incidents in which the court allows, and when the police have been allowed to search any home or a vehicle.  Most car searches that occur are the instances that a driver or a passenger has been arrested lawfully due to misconduct or violation of some state laws. For a driver or a passenger to be arrested, the police must be deeply convinced that the individual has committed a crime or is in the process of committing one at the moment of arrest. Example of such cases is when a driver is suspected and believed to be trafficking drugs and other illegal goods, has caused and accident or has violated the traffic rules.

In an event a car search is done and evidence against a crime has been found, the person in question is arrested and arraigned before the court which makes its ruling based of the evidence found. This use of evidence against an individual is referred to as: exclusionary rule.  Evidence obtained from the suspect’s car can be used against the individual in the court of law depending on: validity of the police stopping the motorist and whether there is any search exception warrant associated with the conditions of stopping the motorist.  With regards to cars and vehicles, the constitution is not very strict on search warrants and it provides that they may be done if the situation is an immediate one and it requires a prompt action. Incase the car or the vehicle is on a private residence unlawfully or without the knowledge of the owner of the home, it must be searched before the evidence is destroyed. The constitution also prohibits against searching of stationary vehicles but they should find a way to inquire the information from reliable sources.

The constitution does not allow the officers to perform searches on all vehicles which violates traffic rules for example the case of over speeding. To stop a vehicle and search it, the officer must have a reasonable suspicion of a crime being committe or that has already been committed.  A good example is when a driver presents fake drivers license.  Searches on cars belonging to people arrested lawfully are allowed since it may provide additional evidence on the crime being investigated. An officer may perform searches or frisk the people in the vehicles when they have a reasonable suspicion of them being criminals or they are in possession of weapons. Another search that is provided for by the fourth amendment is the inventory search on automobiles with a reason to take inventory on the contents of a car. In most cases, this is used to protect car when the owner is in a police station, protect the police against accusations of having stolen the vehicle, and to protect any person that might be harmed by the contents in the vehicle while it is in the police station.

The fourth amendments of the United States constitution prohibits searches on homes and provides that the homes can only be searched when a search warrant is issued by the court.  Like vehicle searches, can perform home searches when: there is an immediate need to search a given home in response to an emergency that has occurred, search the house when the occupants have been arrested committing a crime or having committed a crime and the officers are thinks that more evidence can be found after searching the person’s home, when a person has allowed the police officers to search the house at free will, the search warrant may not be needed.  A search without a permit may be performed when a state property has been intruded and some items of intrusion spotted in a given area or a specific home. This would call for state law enforcers to perform the searches before the evidence is destroyed or even before the stolen items have been transferred to another area.  At times searches can be seen as infringement of a person’s right to privacy, but it can help in curbing criminal activities in a given area. Searches can be used as a good way to scare drug traffickers from transporting drug for the fear of their vehicle searched.

Capital punishment

In the United States of America, capital punishment is a penalty imposed by the law mainly for murder and felony cases. This kind of punishment has been in America from the time of its independence. There are several methods that have been used for execution, for example: hanging, poisoning, use of electric chair, and shooting. Today, most of these methods are not used and the commonly used one is poisoning mainly referred to as lethal injection. Capital punishment is a controversial today with many people being against it. It has been banned in about 34 jurisdictions and in some, it has been suspended. The number of people who support capital punishment is becoming smaller as time progresses. Today very few are for capital punishment unlike in the 1980’s when majority of the American citizens were for it more so in dealing with criminals of murder cases. Religion has played a major role in teaching people that killing is bad which in return has made many states ban death punishment.

Like many people can argue, capital punishment doesn’t have a role to play in the modern criminal punishment schemes due to the fact that a wrong can’t be corrected by committing another wrong of equal magnitude. There is no way a crime can be punished by committing another crime. A murderer is a human being and executing a human being, is committing murder. Life is precious and should be treated with respect. A life of a human being has high valuee and despite the fact that one is a murderer, no one should deprive him or her value of life. Life is God given and only the creator has the right to take it away. Every human being has a right to life. According to human rights activists, committing an execution to a murderer violates this right.

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In the modern society, where the justice system has flaws, capital punishment can lead to death of so many innocent people.  Judges and magistrates are the ones that are responsible for making a ruling. They can sentence an individual to death sentence if they are convinced that the person in question murdered another person. Judges and prosecutors can make mistakes and make such rulings on innocent people. According to amnesty international, over 116 innocent people have been executed since the year 1973 in the United States of America.  This shows that the flaws in the social justice system create a high risk of innocent people facing death sentence.

Punishment is an act that is intended to correct past mistakes and to teach an individual that performing a given act is wrong. Capital punishment leads to execution of murderers which doesn’t give them a chance to correct their mistakes. There is no way one can teach people not to kill by killing them.  One should be made to pay for his or her acts for them to learn that killing is bad act.  Death sentence can never stop people from killing other people. It is also unethical to kill one person in order to stop other people from committing a crime. Murder is a serious case and hence murderers should be severely punished. Death sentence seems like a punishment to the people who are associated with the murderer, like family members and friends who later become angry and resort to seek revenge for their loved ones. This has led to may police officers being killed. Death sentence is an act that was intended to punish the people who commit murder but it claims more lives than expected. 

The modern world is a civilized society, people in the civilized societies do not believe in torture as a form of punishment. Today, there are many ways that can be used to punish the murderers for example life imprisonment where prisoners work for government in projects like road constructions. This would act as a warning to other people in the society. It would also act as a correcting measure.  In the modern world, state has a role to punish crimes in order to keep the country running, but they should do it in the most reasonable way, that is; without causing greater harm in the society and the economy.  Capital punishment causes grief to innocent family and friends of the accused before and during the time of execution. It is hard for the family members to accept the fact that their loved ones committed the crime.

In conclusion, capital punishment belongs to the past. It belongs to the days that people thought that torture was the only way of punishing a crime. Death punishment doesn’t solve the problems we have in the society today but it seems to aggravate them by causing more deaths to the police and witnesses. Death punishment does not fulfill the intended purpose of a punishment which is rehabilitation.  It just removes one from the society without giving them time to change and add value to the society. It is therefore evident that death sentence is useless and can’t apply as a tool for punishment in today’s world. It can only work if the justice system can be fair which will make sure innocent people are not executed.


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