Key Points in the Court Determining the Lawfulness of the Use of Force
Law enforcement has the authority to use force in their line of duty such as when arresting suspects, and they can enter a premise by force when arresting or serving a warrant and during detention. But sometimes the law enforcers misuse this authority which usually ends up in lawsuits. The Supreme Court using measures established in Graham v. Connor, 490 U.S 386 determined how complete use of force can be tackled to gauge whether a law enforcement officer misused his or her authority (Smith, 2015). The Court came up with three questions which the lower courts were to use when measuring the lawfulness of force was used in a particular situation. First, the officer has to explain the severity of the crime that he or she believed that the suspect was committing or had committed that required the use of force. Second, is whether the suspect was posing any threat to the public or the officers’ safety. Lastly, was the suspect attempting to run away or resisting arrest.
The court would drop the allegation of use of excessive force if the officers applied to prevent the suspect from causing more harm regarding the kind of the offense he or she was caught committing. Also, the officer has the right to use force when a suspect presents an immediate threat to either the officers or the public’s safety. Hence it will be understood that the officer’s action was to protect the public. The officer is also allowed to use force when a suspect is resisting arrest or trying to run away. This to make sure they cannot escape their criminal acts and should face the law so that justice can be served.
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Difference Between the Castle Doctrines and Stand your Ground Types of Criminal Defenses
Castle Doctrines is a legal term which gives the homeowners to use deadly force to protect his home or his or her properties (Skiba, 2016). If a defendant successfully uses Castle Doctrines in his or her defense, they will be pardoned for all their charges. Castle Doctrine is important because it allows people to defend themselves in their homes when they are faced with danger. For example, when robbers attack someone at his or her home, he or she can respond by using deadly force and this law will protect him or her from such actions.
The stand-your-ground legislation allows someone to use force as self-defense when faced reasonable threat outside one’s “castle.” It should be only be applied when one is faced by a circumstance where he or she faces significant bodily harm or death outdoors. For example, if someone is resting in a park and somebody runs toward him with a knife ready to injure him, he may respond by shooting the leg or the hand of the attacker. If faced with a lawsuit, the defendant will use the stand-your-ground rule to defend himself, and if he is able to apply it successfully all the charges against him will be dropped. Therefore, Castle Doctrine allows the use of force by people within their castle while stand your ground type allow them to use force against the threats they face outside their homes.
Role of Double Jeopardy Clause Plays Within the Trial System
The double jeopardy is found in the United States Constitution under the Fifth Amendment. It protects a suspect from being prosecuted for a single crime more than once or being imposed multiple punishments for the same crime by the government. Therefore, if the defendant had been acquitted of criminal charges, this clause protects from being prosecuted again for the same offense. This clause shields the offenders from getting punishments that may exceed their actions. Double jeopardy provides a high level of fairness to the defendant. First is because they prevent distress increase which can be caused by the defendant undergoing several prosecutions on the same crime. Due to recent police corruption incidences, a police officer who thinks an acquitted defendant is guilty may manipulate evidence to be used against in the second prosecution. Through the use of double jeopardy, the defendant will be protected from such vices because it does not allow the occurrence of a second prosecution on the same crime.
Basic Features of the Adversarial System
The basic features of the adversarial system include;
It allows all parties to present their case before the court through legal representative.
The judge acts as the referee in ensuring that the trial follows rules of evidence and procedure provided by the law.
It makes sure rules of evidence and procedure are strictly followed.
It also allows settlement of the dispute by private complainant outside the court in the trial process.
The system allows the court to directly convict the accused without carrying out a trial by using his confessional statement.
It is the responsibility of the party making allegation and that of the defendant to provide proof which will be used in the final decision by the judge.
The adversary system ensures that the procedural law of the criminal law system of the United States is strictly followed (Feeley, 2017). This makes sure that both sides are represented by lawyers, and the court working privacy is preserved to ensure fairness. The system prevents failure of justice because the courts lack oversight without the adversary system because the courts could be influenced to cause injustice. It also makes sure sentences are properly administered, and there are within the legal limits. By making sure that both sides are represented by legal representatives, make sure that both parties will have the same opportunities arguing their cases and get a fair judgment.
Right to a Speedy Trial
The right to a speedy trial is established in the Sixth Amendment, and it is an essential part of the criminal justice system. Saving time for both parties as well as the court is one of its importance. It also reduces the chances where the accused could spoil or tamper with the evidence. When trials are done in time, they allow the offender to feel responsible for their crimes while victims are happy that justice has done. Speedy trials also prevent innocent suspects from suffering in custody. Sometimes a person may be arrested on unfair grounds, and a speedy trial will serve justice for such a person and prevent negative effect if he continued staying in custody such as health or collapsing of his business which is left unattended.
But sometimes speedy trial may have a negative effect and may not serve the right judgment. It may hinder either of the two parties from assembling all the evidence required. This can result in the court releasing criminals back to the public or convict an innocent person just because he lacked enough evidence to support his innocence.
References
Feeley, M. (2017). The adversary system. In Crime, Law and Society (pp. 105-118). Routledge.
Skiba, R. (2016). Returning to the Roots of the Castle Doctrine: Why Recent Stand Your Ground Laws Are in Line with the Natural Law. S. Region Black Students Ass'n LJ , 10 , 71.
Smith, J. M. (2015). Closing the gap between what is lawful and what is right in police use of force jurisprudence by making police departments more democratic institutions. Mich. J. Race & L. , 21 , 315.
