& # 8217 ; Civil Essay, Research Paper
Misdemeanors of Americans & # 8217 ; Civil Rights By Law Enforcement
The Constitution of the United States regulates our mundane lives as American citizens. Because of the Constitution, everyone has legal rights & # 8220 ; in Order to organize a more perfect Union, set up Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and Secure the Blessings of Liberty to ourselves and our Descendants ( The Preamble of the Constitution of the United States of America ) . & # 8221 ; Specifically, what we as Americans trade with everyday are the first 10 Amendments of the Constitution, the Bill of Rights. These Amendments warrant our peoples & # 8217 ; safety against our ain American authorities. However, these warrants are non absolute as the powers given to us by the Bill of Rights are given to reading by the judicial system. These readings are made by worlds and hence have led to errors that violate our civil rights, including constabularies ferociousness and unreasonable hunts and ictuss.
Misdemeanors of the American peoples & # 8217 ; civil rights go on everyday, typically when covering with jurisprudence
enforcement. Everyday 1000000s of jurisprudence enforcement officers patrol our streets seeking to protect us. With this duty comes the demand to do disconnected 2nd determinations. This frequently means that regular, mean, mundane, working category work forces and adult females are left to construe the Constitution in a minutes notice. A batch of times this leads to misjudgements and bad determinations on the portion of the officer. Sometimes this is inadvertent, yet legion other times the constabulary officer is responding due to some kind of bias or stereotype. & # 8220 ; Ask civil rights groups or minority occupants in many of the state & # 8217 ; s metropoliss, and they & # 8217 ; ll say the bulls are out of control ; that police routinely use inordinate force against inkinesss and Hispanics. & # 8220 ; What you get is Jim Crow justness, & # 8221 ; says Ira Glasser, caput of the American Civil Liberties Union. ( Cannon 35 ) & # 8221 ; This has caused & # 8220 ; even good childs to see police as the enemy. They shun bulls ( Lacayo 65 ) . & # 8221 ; These bulls turn on the people that they are supposed to protect because & # 8220 ; hassled bulls frequently retreat into a bipolar mentality: us vs. them ( Lacayo 65 ) . & # 8221 ; This in bend, is one cause of constabulary ferociousness that violates a citizen & # 8217 ; s rights, specifically, the Amendments covering with the judicial procedure, Amendments IV, V, VI, VII, VIII, IX, and XIV.
One of the most ill-famed illustrations of a misdemeanor against a individual & # 8217 ; s civil rights is the Rodney King narrative. On March 3, 1991 King led the LAPD in a pursuit at velocities over a 100 stat mis an hr. After he was caught, the bulls & # 8220 ; used truncheons like baseball chiropterans, and the Los Angeles cops beat him unrelentingly as he lay on the land feebly seeking to creep off, he was kicked or clubbed 30 times. ( Buchanan 60 ) & # 8221 ; It was so atrocious that & # 8220 ; the ACLU ( American Civil Liberties Union ) compares the LAPD to the Crips and the Bloods: & # 8220 ; A adult male was jumped and beaten Sunday dark beaten by a pack non unlike many of the other packs which terrorize our metropolis. This pack has colourss, has a tough-talking leader, carries guns and nines and has the force of the jurisprudence on its side. ( Buchanan 60 ) & # 8221 ; This awful scene would hold likely been swept softly under the carpet
if it had non been captured on videotape by a passing lensman. The tape was replayed repeatedly on national telecasting. This grounds was taken to tribunal where King won $ 3.8 million in amendss … from the City of Los Angeles. ( People Weekly 232 ) ”
Fortunately, Rodney King had videotaped grounds to turn out his instance. However in the 1000s of random traffic Michigans everyday, minorities and adolescents are
repeatedly violated. In fact, it & # 8217 ; s dismaying how many incidences occur where minorities and teens are pulled over for rushing and their autos acquire searched for no ground. Our ain United States Supreme Court decided that this was non a misdemeanor of the Fourth Amendment, which protects the people against unreasonable hunts and ictuss without likely cause. In the 1996 Whren vs. United States determination, & # 8220 ; constabulary officers used traffic misdemeanors as a stalking-horse to halt a auto and look into possible drug discourtesies ; the officers had neither likely cause nor sensible intuition to halt the driver for narcotics offenses. ( Harris 544 ) & # 8221 ; However, the Court sided with the authorities stating that, & # 8220 ; If constabularies witness a traffic misdemeanor, they have the simplest and clearest type of likely cause imaginable for a halt. ( Harris 544 ) & # 8221 ; This determination is evidently a clear misdemeanor of Americans & # 8217 ; Fourth Amendment rights. Our highest subdivision in the judicial system, the Supreme Court, the subdivision responsible for doing certain that the federal authorities can non curtail or go against any of our civil rights, has failed us. & # 8220 ; Under a Fundamental law that restrains the authorities and that puts some bounds on what the governments may make in the chase of the guilty, the power of the constabulary to halt any
peculiar driver at about any clip, seems curiously out of topographic point. ( Harris 556 ) & # 8221 ; Ironically, with the words & # 8220 ; equal justness under jurisprudence & # 8221 ; carved into the rock of the Supreme Court itself, one might believe that the usage of constabulary power in one of its rawest signifiers against members of minority groups or certain age groups, might do the tribunal show some involvement in commanding such maltreatments. But it merely shows the alteration in American civilization of handling certain groups like felons alternatively of citizens.
What can we make to protect our rights as American citizens? Even though the Supreme Court has led a alteration in make up one’s minding to continue our civil rights, there are condemnable and civil Torahs in topographic point to protect us against inordinate usage of force and constabulary ferociousness. There are two subdivisions under Chapter 18 of the United States Code that are of import. They provide either a all right and/or imprisonment for those that violate our civil rights. & # 8220 ; Section 241 provides for condemnable countenances under the Federal Civil Rights Act for confederacy to go against civil rights. Section 242 is concerned with people who act in their official capacity ( i.e. , Judgess, sheriffs, constabulary officers ) and go against the civil rights of individuals. ( McLaughlin 12 ) & # 8221 ; Obviously there are punishments and penalties out at that place to protect
Americans & # 8217 ; civil rights. Although with the recent roseola determinations of the Supreme Court and the longstanding secret constabulary codification of silence, I don & # 8217 ; t cognize how much of a warrant that we as American citizens have that protects against the misdemeanor of our civil rights by our ain authorities.