Introduction
Technology is one of the fundamental approaches that should be affirmed, especially in the 21st century. From the same aspect, it is certain that the continuous development and use of technology has brought with it many advantages as well as disadvantages in a variety of fields. For instance, as technology ensures privacy in certain areas such as mobile banking, it reduces the amount of privacy with respect to personal information.
In the modern world, various databases are keeping volumes of information about individuals by documenting every detail about their lives for future reference. Let us take an example of the application known as cloud, which is a group of interconnected network databases that allow people to acquire data from remote servers through smartphones or computers. More specific to content of the essay, the paper will evaluate a certain area of a technological mayhem, which is the response of the federal courts to the increasing number of cases of unwarranted police use of Global Positioning System (GPS) to track criminal suspects. To enhance this assessment, the United States v. Jones case will be used as reference and the significance of the warrantless tracking in this effect.
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Overview of the United States vs. Jones Case
According to Eveker (2012), the Supreme Court in the United States held a case concerning the installation of Global Positioning System, commonly referred to as GPS. From the case files, it GPS entailed tracking the device inside a vehicle for supervision and monitoring of every movements made by the automobile, with the intention of observing the constituents of the vehicle as well. Given that these policies were to be amended under the legal systems, they fall under the search within the fourth amendment.
In 2004, a defendant going by the name Jones had been suspected by the law to drug trafficking. Thereafter, the police investigators requested and acted on the search warrant that attached the GPS rights in tracking Antoine Jones’ car. However, the police had passed the limits of the warrants’ motive by both geographical location and in length. In their justification, the Supreme Court issued claims that the act was under the “search”, from the Fourth Amendment, even though there were a spit of 5-4 during the tracking. Consequently, according to the majority, having installed the GPS physically on the car of the defendant qualifies the police for committing the law of trespass against Mr Antoine. Particularly, the trespass is emphasized on the personal effects of Jones, in an attempt to draw some piece of information for the case.
Own Perspective
The 21st century presents an ironic viewpoint concerning rape culture and the sexual assault incidences. In other words, an individual might think that transformative justice under the American legal systems is a matter discussed in the past, while in actual sense, can rarely be evaded in the current world. Transitional justice is dependent on the incidences of a particular action in the United States. There is no bargain that the human rights are abstract in the United States. As such, the content and meaning issued to these set of systems may help in the implementation of transformative justice.
According to reports from the Criminal Justice System in 2016, many cases involving sexual assaults are reported annually, and no step is taken to apprehend of the victim's feelings and behaviours. Unlike the trials dealing with crime, which comprises of the victims providing evidence, sexual assault is a challenging aspect of the criminal justice system, especially if the incident is reported late. With the civil trial, the plaintiff has a role in convincing the jury that they were raped, which in itself is re-victimization. According to the American Psychological Association, every year, several rape cases are abandoned due to lack of evidence from the investigation departments to the jury, insufficient forensic proof and fear of the victim to willingly testify against the perpetrator. Therefore, with the current judicial systems and criminal justice in the United States, more cases are rising from the foundation of rape culture in the society. With the implementation and practice of transformative justice, individuals will be able to influence the systems of right’s protection in a simpler way. Besides, the restructuring of criminal justice under the jurisdictions would affirm to some of the rules of any case, for instance, the influence of transformative justice ensures an assumption of evidence for rape as it poses as re-victimization to the victims.
Victimization of Individual Justice in the United States
According to Lee, (2012) women are comfortable with the terms of individuals’ justice, considering the sexually assaulted cases. Besides, in the United States, women have a convincing grievance sense concerning the perpetrators and feel like impunity is often practiced in the process. Moreover, the expectations of women concerning justice in the legal systems are dealing with their horrific experiences, through implementing new systems of handling the sexual assault cases. Stanford case demonstrates a precise incident of how unnamed woman expressed her feelings after becoming a rape victim to Brook Turner. In the open letter, the woman describes how the media, through the newspaper, named her the intoxicated individual, during the postings, (Alito, 2011). Furthermore, the woman affirms that her life paused for a year, just to figure out on how to restart her routine, as an outcome of rape from Brook. Consequently, Brook was given a six-month short-term jail sentence by Judge Aaron, the motive behind this was backed up by three years of probation, in which, Judge Aaron further stated that any more action taken against the rapist, would severely interfere with his future in the state.
Furthermore, Lewis et al. (2), affirms that in 2016, the U.S Universities are questioned of the safety concerning the women students in the same institutes. The author apprehends of the lad and rape culture cases in several university campuses, which, unfortunately, influenced the feelings and behaviours of female students, notably through their performances. Lad culture triggers incidences of rape in the campuses, and evidently, several women are admitted to the universities annually. Besides, females are in rare occupation of senior positions in most campuses, which then provokes the rape culture in the institutions, as there are unique individuals from the higher rankings to protect their rights.
However, it is notable that the current discourse considering female safety in the university is parallel to the domination of male individuals in the same universities, (Lee, 2012). Therefore, researchers suggest that more participation of females in the universities would lead to the transformation of justice systems in the learning institutes, through an increase in self-esteem for the individuals and encouragement of positive energy whenever rape of lad cultures arise. Moreover, the women centres in the United States present opportunities for women to organize campaigns against sexual violence and re-victimization in the criminal justice systems.
According to Lewis (13), women are comfortable with the terms of individuals’ justice, considering the sexually assaulted cases. Besides, in the United States, women have a convincing grievance sense concerning the perpetrators and feel like impunity is often practiced in the process. Moreover, the expectations of women concerning justice in the legal systems are dealing with their horrific experiences, through implementing new systems of handling the sexual assault cases. Stanford case demonstrates a precise incident of how unnamed woman expressed her feelings after becoming a rape victim to Brook Turner. In the open letter, the woman describes how the media, through the newspaper, named her the intoxicated individual, during the postings, (McAllister, 2014). Furthermore, the woman affirms that her life paused for a year, just to figure out on how to restart her routine, as an outcome of rape from Brook. Consequently, Brook was given a six-month short-term jail sentence by Judge Aaron, the motive behind this was backed up by three years of probation, in which, Judge Aaron further stated that any more action taken against the rapist, would severely interfere with his future in the state.
Furthermore, Rothstein, (2011), affirms that in 2016, the U.S Universities are questioned of the safety concerning the women students in the same institutes. The author apprehends of the lad and rape culture cases in several university campuses, which, unfortunately, influenced the feelings and behaviours of female students, notably through their performances. Lad culture triggers incidences of rape in the campuses, and evidently, several women are admitted to the universities annually. Besides, females are in rare occupation of senior positions in most campuses, which then provokes the rape culture in the institutions, as there are unique individuals from the higher rankings to protect their rights. However, it is notable that the current discourse considering female safety in the university is parallel to the domination of male individuals in the same universities.
In conclusion, warrantless GPS tracking should be guaranteed as it affirms the privacy of individuals within different borders and situations. Furthermore, from the same aspect, there would be an informative platform to both law breakers and the police systems. Therefore, researchers suggest that more participation of females in the universities would lead to the transformation of justice systems in the learning institutes, through an increase in self-esteem for the individuals and encouragement of positive energy whenever rape of lad cultures arise. Moreover, the women centres in the United States present opportunities for women to organize campaigns against sexual violence and re-victimization in the criminal justice systems.
References
Alito, J. (2011). Certiorari to the United States Court Of Appeals for the District of Columbia Circuit. Supreme Court of the United States.
Escobar, J. (2011). Case Note: Criminal Law—Search And Seizure—Warrantless Gps Vehicle Tracking To Be Considered BY SUPREME Court United States V. Pineda-Moreno, United States V. Maynard, And United States V. Jones.
Eveker, M. C. (2012). The Fourth Amendment and Unwarranted Gps Surveillance: An Analysis Of The D.C. Circuit Court Of Appeals’ Decision In United States V. Maynard.
FindLaw's. (2017). United States Tenth Circuit case and opinions. Findlaw. UNITED States of America, Plaintiff-Appellee, v. Mariano HERNANDEZ-MUNIZ, Defendant-Appellant. Retrieved 11 March 2017, from http://caselaw.findlaw.com/us-10th-circuit/1374829.html
Lee, T. (2012). Supreme Court holds warrantless GPS tracking unconstitutional. Ars Technica. Retrieved 11 March 2017, from https://arstechnica.com/tech-policy/2012/01/supreme-court-holds-warrantless-gps-tracking-unconstitutional/
McAllister, M. (2014). GPS and Cell Phone Tracking: A Constitutional and Empirical Analysis.
Rothstein, J. H. (2011). Track Me Maybe: The Fourth Amendment And The Use Of Cell Phone Tracking To Facilitate Arrest.
