Balance in the Administration of Justice Security

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Outline

It is almost impossible for a country to experience peace when security as well as justice have not provided to her citizens. Moreover, other than just providing security and justice, a form of balance is of equal importance which should be applied in all undertakings of their administration. There are various cumulative issues of law that concern the environment in which this administration takes place. They include issues to do with the police, courts, criminal investigations as well as corrections given to those not observing security and justice. There have been changes that were experienced in the 21st Century in areas of mass communication and in technology. Consequently these changes have had impacts on security and justice areas where improvement in service provision has been noted. There are also individual rights that need to be observed in relation to security and justice systems so as to maintain safety of the public as well as order.

Introduction

(Clarke, 1978) argues that, security as well as justice is very crucial to everyone but especially to poor communities in countries or states that are considered as fragile. There are various agencies that are involved in administration of security as well as justice and they vary from Governmental to those that are non-state. However, regardless of the type of those providing these services, balance in their administration is of great importance so that safety is guaranteed in the community.

Cumulative Legal Issues Under Which Security and Justice Administration Operates

In justice as well as security administration, some legal issues are taken into consideration so as to enable them achieve a balance in this process. Security as well as justice is efficiently administered when law is incorporated in the process. This is because there is need to provide protection from criminals as well as from those governments practicing dictatorship. In this case, law accommodates roles of making sure that justice has been given and also that members of public get security for their safety. These issues include that police officers should serve the public without demanding anything from them that is, they should be at the public members service. Any exercise of corruption by police officers should be reported upon which the corrupt officers are sued as a form of justice administration. Another issue is that concerning the courts, where those going against law by bringing insecurity as well as injustice should be sued and their cases judged accordingly. They may include thieves, corrupt people, including politicians who should be taken to court where law is supposed to be followed irrespective of ones position. (Haggard, 1990)

Some injustice and security cases may not be very serious and various forms of protection are administered to help change the wrongdoers then have them back to the community. This is applied to cases that dont seem too serious and which can be corrected through giving duties to a criminal so that by working in the community he /she pays for mistakes done. This way one is able to regain good morals since it becomes so evident that the purpose of punishment given is to correct not to ruin. Law is applied in the protection of citizens not only from physical harm but also from harm that can be caused to their minds, emotions and spiritual well being. This is done by making sure that what is passed through the internet is safe for their consumption. For example, some sites may provide very obscene material which would harm the morals of those consuming the information. It therefore becomes very important to have law that controls the contents of sites so that morals are conserved.

Mass Communication and Technological Changes with Their Effects on Security and Justice Areas

(Baran, 2005) argues that, its not until recently that technology has been accepted in security and justice areas due to low rate of development experienced in the system. However for a balance to be achieved it have become necessary to operate in line with advances in technological level in the entire modern society. A number of factors have been affected by technological changes as well as mass communication leading to alterations in the security and justice areas. The impacts include changes in systematic of justice in that jurisprudence has been modernized. Justice administration has proved to require so much research and information which has been made possible by the increased use of computer technology. Details on individuals have now been accessed through communicating with different agencies without having to travel to get the particular information. Technology has managed to keep so much information regarding individuals and the society enabling balancing of justice easier taking only a few minutes to go into ones records as well as law, justifying that a crime has been committed. Another change is in the amount of time that was taken in the operations of copyright law. Initially, more than ten years could be used to complete the entire process but now due legislative level of working in line with technology, the process is able to be completed in a shorter time period. Regulations concerning security as well as justice have become internationalized as communication has been made possible between different institutions of justice all over the world. Therefore, countries are in a position to share some, though not all regulations to apply in their courts. With the help of technology references are easily made which balances the process between individuals residing in different countries.

Technology improvement in mass communication has also allowed efficiency in the collection of evidence so as to have balanced justice as well as security. Information can be passed to police officers in time, so as to get to the area of an incident or accident providing evidence during ruling. Also when culprits manage escape before the arrival of first respondents, technologically improved devices are used to detect who they were. For example, in case of murder, a DNA test is done to determine who was involved in that particular action of murder. This is made possible by collecting objects that have been left on the scene where that crime was committed, particularly those with blood stains and upon performance of DNA test; it is possible to determine the criminal. Such a technological improvement leaves all parties involved with no doubt, balancing justice as well as security administration. In terms of security, cameras have now been innovated and established to survey specific areas with most of them operating fulltime that is 24 hours, making it possible to record all the undertakings of that place under camera surveillance. Recorded information is now been used in the justice courts serving as genuine evidence which is very hard to object. Another impact is of those providing communication services as technological improvements have made it possible to track messages from its source incase it is suspected to be illegal. However there are laws that have been put forth to protect the communicators as well as communication providers so as to ensure there is security among them. Justice administrations improved technology has been of great help where criminal communicate either through telephones or internet during commission of crime. Their communication is tracked accordingly on observation of laws concerning the process and balance in terms of administering justice is achieved. (Marein, 1996)

There have been modifications of the courts as well as regulations allowing the incorporation of technology in their operations making it a lot easier for all parties involved. This has been achieved through educating practitioners of law as well as justice on the various technological developments enabling them to apply and provide balanced justice accordingly. Devices to detect weapons for example, a bomb set to attack a particular people or place has also been established in order to allow communication incase of a suspected attack. This has become very important in ensuring security of a nation as well as protecting individuals since Bombs have been detected before their explosion and also individuals wanting to cross borders with illegal things among others.(Fyfe, 1995)

Other than positive effects of communication and technological changes it has had negative effects since there have evolved misunderstandings on what should be termed as law. This is because technology is changing so rapidly requiring adjustments of the system so as to ensure a balance in security and justice administration. For this to be achieved education should be provided to security and justice practitioners so that they are in a position to make use of technologically improved equipment.

Issues Involved With Individual Rights versus the Needs of the Justice System and Security to Maintain Order and Public Safety

According to (Coles, 1998), a balance in security as well as justice administration cannot be achieved if individual rights are not taken into consideration. Consequently, needs of security and justice systems have to be considered in the process of maintaining order. Individuals need to be treated fairly by the security and justice system for example, as much as a criminal is supposed to be jailed so as to protect the public, individual rights should be observed even when in prison. Housing conditions should be hospitable in that, an individual should not be kept in an environment exposing him/her to any danger whatsoever.

In some cases individual rights are observed through retribution of a criminal, where he/she is allowed to serve the community as a way of correction for a specific crime. This way the morals of criminals are conserved as one does not intermingle with other criminals while at the same time justice is being administered. A clear procedure is necessary in justice administration and it should be according to law. In order to ensure that individual rights are observed, open courts should be encouraged when necessary so that the public is well informed on court proceedings and they feel part and parcel of the process. During proceedings of open courts it is possible for an individual to intervene when justice is not observed therefore maintaining order. Transparency in justice administration is also a form of observing individual rights in that no hidden processes take place and all information is given accordingly. Justice practitioners need to be accountable of their actions to an individual and some checks need to be administered to the system to ensure that they dont abuse power. Moreover, they should be answerable to individuals and community concerned in case of any injustice and this should be done through a certain leader who should then pass it to the community or individual.

According to (Clarke, 1978), while administering security, individuals should not be over supervised in order to make them feel free as citizens of a nation. Those providing security should let individuals feel trusted by letting them carry their duties without unnecessary interference. That is, there should be a friendly environment provided by the officers. Officers in charge of security should avoid being corrupt by extending favors to their friends which makes the victims rights go without being observed. Officers practicing justice should be very honest in their undertakings not favoring some people based on their relationship with the officer or even on their tribe. Politics should also be left out completely in justice administration in that one should not be judged based on his/her stand in politics in supporting a particular politician or not. Individuals should have the right to support the politicians of their choice as well as their own motions as long as they are not breaking the law. Also for order to be maintained it is becomes a necessity that intelligence is observed in security as well as justice administration. Those concerned should be in a position to interpret law accordingly so that they dont tamper with individual rights and this should be accompanied with integrity as well.

Conclusion

For a balance to be achieved in all these processes there should be adherence to law by everyone from those in possession of authority, to those in the community. Justice practitioners need to be very effective in their work and the same should apply to those ensuring security. Individuals rights should also be observed so that they do not have their rights sacrificed at the expense of observing law. This is possible through provision of a balance between the two and having law that punishes those going against it. With the current rate of developments in communication as well as technology areas of security and justice are also undergoing changes that will one way or another improve their way of administration. Finally it should be upon the government to make sure that all bodies involved in the security administration and also justice are checked frequently to ensure that services of high quality are provided to citizens of that particular country. (Haggard, 1990)

References

Clarke D. (1978): National Security Affairs: Blackwell Synergy pp 13-16

Haggard T. (1990): Union security and the right to work: Springer pp24-27

Baran S. (2005): Mass communication theory: Thomson Wadsworth pp10-13

Marein M. (1996): New mass communication Technology: Elsevier pp 39-43

Fyfe N. (1995): Law and Order policy and the spaces of citizenship: Elsevier pp22-25

Coles C. (1998): Restoring Order and reducing Crime in our society: Institute for study and Treatment of Delinquency pp19-21

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