Human Rights And The Criminal Justice System

3443 words - 14 pages

In our society today the term ‘Human Rights’ is widely acknowledge and most people believe they know what they are. But do most people really understand its concept? Constantly the media brings up issues relating to it, for example, just recently human rights activists accused the U.S.A. of mistreating their prisoners and even torturing them, this being a breach of their Human Rights. (BBC News 2005) When asked what Human Rights are most people will come up with general rights such as the freedom of speech, the right to live or the right not to be tortured. In 2004 the European Court of Human Rights received over 20.000 applications and but only delivered 718 judgments after declaring the ...view middle of the document...

Theses rights included the freedom to think and feel as one wished, the freedom to public opinion which today is know as freedom of speech and the freedom to pursue ones tastes even if they are deemed ‘immoral’ but only as long as they do not harm others. He felt that without all of these freedoms, one could not be considered to be truly free. (Gray, 1998) In the ‘Rights of Man’ Thomas Paine states that all men are born free and with equal rights. He goes on to say that all men have natural and imprescriptible rights, these being liberty, property, security, and resistance of oppression. (Philip, 1998) Some of his points were later adopted in the United States Declaration of Independence in 1776 by men such as Thomas Jefferson. (The White House, 2005) The declaration states:
‘We hold these Truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.’(University of Indiana, n.d.)
In the same year following the French Revolution its assembly also adopted ‘The declaration of the Rights of Man’. Much like the American declaration it gave the French people ‘natural and unalienable’ rights. (Yale Law School, n.d.)

After the Second World War the UN Charter was drafted and in consequence (Goodin & Pettit, 1998) the Universal Declaration of Human Rights (UDHR) was drawn up and put in force in 1948. It has been acknowledge on the global level and today most nations have signed this declaration. This declaration established the basis for contemporary society’s outlook on Human Rights. (Human Rights, 2005)

The UDHR is a document aimed to give every individual on this planet certain rights. In its each of its 30 Articles the rights are explained. These rights range from the right to life in Article three to the right to education. (UN, 2005 b) In 1950 the European Union also established a convention which protects the rights of each individual. It is called the European Convention on Human Rights and was signed in Rome on the 4th of November 1950. Since then there have been five more protocols. This convention is far more detailed then the UDHR and is enforced throughout all countries in the European Union. (Council of Europe, 2003) Any cases regarding Human Rights can be brought before the European Court of Human Rights whose ruling is binding. Many countries in the EU have the Human Rights incorporated in to their law. In Germany for example they form part of the Constitution. (Die Bundesregierung 2005) In 1998 parliament passed a bill establishing the Human Rights Act 1998. The rights are given in Schedule 1, Part 1. The rest of the act is concerning the implication of Human Rights. This act mentions two different rights. The first are ‘qualified rights’ or rights which public authorities may infringe upon if it is necessary to do so in order to prevent crime, to protect national security, to protect public...

Other Papers Like Human Rights and the Criminal Justice System

Criminal Justice System Explained Essay

787 words - 4 pages . This includes a suspect’s rights during handling and questioning. (Schmalleger, 2011) Overall, our criminal justice system sounds like a well-oiled machine, but it does have many parts that can cause it to break. These start with the human factor; feelings sometimes cannot be turned of which can cause for example a police officer to not act rational and unbiased, and therefore violate ones rights. This will then continue thru the system and

Criminal Justice System Essay

860 words - 4 pages community, provide safe and humane custody and supervision of offenders, rehabilitate, reform, and reintegrate convicted offenders back into the community, and respect human rights of the convicted. It is assumed that the 3 components of the criminal justice system are supposed to work together because they all strive toward a common goal. Each component has a specific purpose that needs to be completed before it goes onto the next step, if one

Criminal Justice System

899 words - 4 pages CJA/204 - Introduction to Criminal Justice July 20, 2015 Criminal Justice System Criminal justice is a system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts (Wikipedia 2015). The criminal justice system makes up a set of independent agencies that is establish by the government. The

Criminal Justice System

1230 words - 5 pages Criminal Justice System Criminal Justice System Crime is defined in different ways by different sources. I will show two different sources that define crime but ultimately they mean the same thing just worded differently. The definition of crime in The Merriam-Webster dictionary is defined as an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to

Criminal Justice System - 742 words

742 words - 3 pages Criminal Justice System Leta McDaniel CJA/204 December 3rd 2012 Criminal Justice System Crime is any act that violates laws made by the majority of society. In other words any act that violates state, local or federal laws and has no justification or excuse that can be used (Schmalleger, ch.1 pg.7 (2011). The Consensus Model assumes that the pieces that make up the criminal justice system work properly together to deliver justice

Criminal Justice System Problems

765 words - 4 pages anything about that. Secondly, the prions are another problem in the criminal justice field. One of my former professors once told me that the prison system has given up on rehabilitation. It's just a place where convicts go to be warehoused. Prison makes criminals worse when they come out, instead of trying to get them to stop committing crimes. For example, my boyfriend brother has been in jail numerous times, and he has never learned a

Criminal Justice System - 837 words

837 words - 4 pages Criminal Justice System Pg 1 Criminal Justice System James J. Bradbury University of Phoenix The United States Criminal Justice System has many different components and sub-components, from law enforcement officials to lawyers and judges to the correctional institutions. In this paper I will be defining what each component is responsible for and how it is processed. As this pertains to the health and welfare of the country I will also

Racism in the Criminal Justice System

4004 words - 17 pages the population) (Wagner, 2003). The United States Criminal Justice System purpose seems to lie heavily on punishment, harsh justice and on labeling, rather than on resocializing and teaching the individual to reassimilate back into society successfully. In contrast, the basic principle of Norway’s Criminal Justice System is that with sentencing “you lose your freedom; but you don’t lose your dignity, your human rights, your civil rights” and to

Failures Of The American Criminal Justice System

1936 words - 8 pages . spoke out against the injustices in the American criminal justice system in 1963, people continue to be without their “…constitutional and God given rights” (p. 3). Many aspects of the American prison system from the 1960’s remain the same and in some cases have worsened. Law enforcement officials have closed the gap between prisoners serving time for violent, severe crimes and prisoners serving time for victimless crimes, often done in times of

Foundations of the Criminal Justice System

1272 words - 6 pages from Korn, L.M. (2008). Search and Seizure. Retrieved Oct 26, 2012 from Neubauer, D.W. (2004). America's Courts and the Criminal Justice System. Thomson Wadsworth Criminal courts/ United States. Probable Cause (2008). Retrieved Oct 26, 2012 from The Fourth Amendment Warrant Requirement, (2008). Retrieved Oct 26, 2012 from

Overview of the Criminal Justice System

838 words - 4 pages Overview of the Criminal Justice System Danita N Wright AIU Online Abstract The criminal justice system is made up of intricate pieces of a large puzzle. The age of “Law and Order”, CSI, and other television program has all but eliminated the real parts of the puzzle that lead to the arrest of the suspect. Before one is educated on how this works, he should be made aware of the roles that each person plays and at what stage they are

Related Essays

Criminology And The Criminal Justice System

1111 words - 5 pages Criminology and the Criminal Justice System Jackulin, Cyrus Sec/340 October, 1, 2012 Criminology and the Criminal Justice System No matter where you live in the world the city or the country crime always happens from murder, rape, robbery, arson, assault, auto theft, and burglary. People try their hardest to try and find an area where they cannot deal with crime you can’t find a place. Either were you live crime goes up or down

Victimology And Criminal Justice System Essay

2211 words - 9 pages Victimology and Criminal Justice System Lisa Moore CJA 540 May 7, 2010 Dr. Timothy Emerick Victimology and Criminal Justice System According to Karmen (2003) “victimology is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system that is, the police and courts, and corrections officials and the connections between victims and

Criminal Justice System Essay 1016 Words

1016 words - 5 pages those people who take illegal advantage of another or diminish their human dignity [ (Daly, 2012) ]. To sum it up, the criminal justice system’s purpose is to deliver justice by convicting and punishing the guilty, while protecting the innocent [ (Garside, 2008) ]. [ (Schmalleger, 2011) ] Corps Component of the Criminal Justice System Corps component. The US criminal justice system is mainly composed of three corps components: Law

Criminal Justice System Paper

1003 words - 5 pages society. Essentially, our criminal court system is the ultimate deterrent in preventing crime. In the odd scenario that the court system is not a factor, crime rate would peak and chaos would be imitent. Thankfully, we are not in that scenario but the idea justifies how important the criminal justice system is. The criminal justice system sets the appropriate punishment for the guilty offenders while not violating their civil rights while allowing