This website uses cookies to ensure you have the best experience. Learn more

Justice Systems And Citizens Security Essay

1767 words - 8 pages

The Justice system comprises of entities which serve to prevent, detect, prosecute, adjudicate and discipline criminal activities. Globally, Justice systems aim to ensure citizen security simultaneously without infringement on the citizen’s rights. The Due Process model is a model which recognizes that the state must respect all the legal rights of a person when carrying out justice. The Due process model questions the criminal justice system as to whether there is a miscarriage of justice as highlighted in Regina (Rottman) v Commissioner of Police of the Metropolis. This case questioned whether there was an infringement of Article 8 of the Human Rights Act by the Police upon the Claimant whereby the Police overextended their common law power in performing a search and seizure without a warrant.
In the case of Rottman v Commissioner of Police of the Metropolis, Mr. Michael Rottman (the claimant), a German Businessman was allegedly involved in fraudulent activities involving an East German Power Company. The claimant was accused of having access to stolen funds and no longer resided in Germany from 1995 subsequently on December 27, 1996 a court in Germany issued a warrant for his arrest. A request was made by the German authorities on 13 September 2000 to the Metropolis Police via Interpol for the extradition of Mr. Rottman to Germany. The Claimant resided in the South of England at the time of the issue of the extradition request. A provisional warrant for his arrest was issued for alleged conspiracy to defraud on September 22, 2000 at the Bow Street Magistrate’s Court under section 8 (1) of the Extradition Act of 1989.
After police investigation and surveillance Mr. Rottman was located in Henley-on-Thames on September 23, 2000 and found to be residing at Hazelmere, High Wycombe. The police arrested the accused pursuant to warrant in the driveway, a few yards from his front door. The residence in which the accused occupied was then searched and items deemed evidence by the Metropolitan police were seized. Mr. Rottman subsequently sought legal action against the Commissioner of Police of the Metropolis on the grounds that the entry and search which took place was an infringement on his rights under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Human Rights Act of 1998 and that the Statutory powers of entry, search and seizure without a warrant of Part II of the Police and Criminal Evidence 1984 Act was not applicable in the case of an extradition.
Clare Montgomery QC and Julian Knowles for the claimant argued that the Police officers were exercising their common power so far as they were lawfully arresting a person 17(1) (a) of PACE but held no powers under Sections 18 and 19 to seize items since it was an extradition matter and therefore breached article 8 (2) of the Human Rights Act.
Lord Hope of Craighead agreed with Lord Rodger of Earls ferry that the sections 18 and 19 of PACE were not...

Find Another Essay On Justice Systems and Citizens Security

Organization IT and Security Systems: Disaster Recovery

1148 words - 5 pages Within the systems support and security phase, IT personnel maintains, enhances, and protects the system1. Security controls safeguard the information system from external and internal threats. A well-constructed system has to be secure, scalable, reliable, and maintainable. Systems support and security implements vital protection as well as maintaining services for software, hardware, along with enterprise computing systems, corporate IT

Home Security Systems (HSS) and Chennai, India

2333 words - 9 pages Product Launch Plan - Channel and Pricing Home Security Systems (HSS) is working on becoming part of Chennai, India by implementing a new security system. To do this HSS must justify the international market choice by giving Chennai an idea of how HSS will establish the company. HSS needs to determine the factors influencing the current market such as trends, size of market, growth rate, and profitability. The appropriate channel HSS chose is

Security Breaches in Comunication and Data Systems

4082 words - 17 pages caught. Types of crimes that can be committed on the internet are fraud, identity theft and even have been accredited with the ability to commit a digital Armageddon. Chemical terrorism which is a form of terrorism is done using chemical agents of chemical warfare. It can undermine the person security of citizens. Examples of chemical terrorism are the bombing of a double decker bus in London 2005, and the Syrian gas attacks in Syria. Finally there

UN Security Council and the International Court of Justice

1396 words - 6 pages Introduction The Security Council and the International Court of Justice, both were established around 60 years back, for the purpose of maintaining international peace and security by developing mutual faith and promoting cooperation between the countries who were the victims of the deadliest manslaughter that the world has ever witnessed, i.e. The World War II. In order to achieve the same objectives, in both the world vested enormous powers

Balance in the Administration of Justice and Security in the Workplace

2034 words - 8 pages Balance in Justice and Security PAGE \* MERGEFORMAT 8 Balance in the Administration of Justice and SecurityUniversity of PhoenixMSAS0BK988; CJA 550December 8, 2008Criminal Justice in the 21st CenturyNumerous legal issues influence the administration of justice and security in America. Key legislation has been passed that would historically be viewed unconstitutional. Legislation such as the U.S. Patriot Act remains a contentious issue. Balance

An analysis of strategic role of information systems, specific social, ethical and legal issues, IT infrastructure and emerging technologies, and information systems security within FedEx Corporation

5469 words - 22 pages Date: 4 April, 2010To: Mr. WillsonFrom: Wang Qin and Xin Jun FangSubject: Strategic role of information systems, specific social, ethical and legal issues, IT infrastructure and emerging technologies, and information systems security within FedEx CorporationEnclosed you will find my analysis with regard to four sections of this report, namely strategic role of information systems, specific social, ethical and legal issues, IT infrastructure and

The Australian Legal system, differences in civil law and criminal justice, how can both systems be improved? Justify

1097 words - 4 pages In Nsw, courts provide a resolution between individuals, corporations, government agencies etc... Courts are the place where the validity and application of law are determined and enforced. In courts there are two systems, Criminal justice and Civil law. Generally Criminal cases involves the person being persecuted by the police or Director of public persecutions for an offence against the law, while civil cases are disputes between people

19th Century Jihads and social justice, security and prosperity. By Walubo Jude Tadeo Makerere University - Kampala Uganda e-mail : jwalubo@yahoo.com

1498 words - 6 pages The Jihads in the 19th century West Africa were a series of revolutions or holy wars that characterized the history of the region sweeping from 1804 in Hausa land, 1818 in Masina and 1815 in Futa Jallon area under the leadership of Uthman Dan Fodio, Seku Ahmadu and Al-Hajj Umar respectively because of the un fair conditions in society. These wars were intended to open a period of social justice, security and prosperity in trade for all me who

My paper discusses how applied information management systems have a variety of risks and the different types of security you can get

2007 words - 8 pages leaving oneself logged into a network, and even spilling beverages on your computer. "'Hackers,' or computer criminals [are] becoming more numerous and adept at stealing and altering private information" (73). However, there are ways to prevent hackers from stealing your information by security systems that keep your information confidential. For example, there is fault-tolerant, which is a system that ensures "availability in case of a system

A Balance Between Rehabilitation and Punitive Justice Systems

3005 words - 13 pages Restorative Justice is a system centred on reparative aspects rather than only punitive ones. Indeed, the crime should be fixed, not just punished. It has become progressively more popular over the years and its apparition can be explained from the failures of the traditional models of criminal justice. The actual criminal justice system has more than proved the problems it raises and its inefficiency in a number of matters: “We have never

Fortress America. This essay talks about increased security after 9/11 and what the US has done to protect its citizens

895 words - 4 pages In this time of war America must defend itself from outsiders. This article really tells how far America will go to protect the people. After 9-11 we mush watch anyone and everyone, but America is so big that it would be hard to just put a barrier around the whole U.S., that's why we are fighting this war so we don't have another 9-11 on our hands. Homeland security is a big thing to Americans these days; would they do anything to protect

Similar Essays

National Security Agency, Privacy And Security For American Citizens

882 words - 4 pages Background The National Security Agency was established in 1952 from the National Security Council for the purposes of intercepting foreign radio communications (Howe, p 11). Since, the NSA has been one of the most secretive institutions within the intelligence community. However, recent events have focused on the NSA’s domestic surveillance, encouraging a debate between security and privacy. In 1978 the Foreign Intelligence Surveillance Act

Court Systems And Criminal Justice Essay

1429 words - 6 pages The two types branches of our court systems is the duel court system (Bohm & Haley, 2010, p 288). Each system in the Federal or State side contains numerous possibilities in their jurisdiction with their authority to of the court to hear and decide cases (Bohm & Haley, 2010, p 288). However, the two courts described are: Trial Courts of Limited Jurisdiction and Trial courts of General Jurisdiction. Trial Courts of Limited Jurisdiction is a

French And American Criminal Justice Systems

1168 words - 5 pages French and American Criminal Justice Systems There many different criminal justice systems in the world today. Some that consists of many of the same policies and some that are considerably different. In the case of France and the U.S. there are a lot of similarities, but I will be focusing on the differences between each of their systems. The aspects that I will be comparing are police, courts, the legal profession, legal education

Comparing A Aboriginal And Australian Justice Systems

1486 words - 6 pages Interrelationship : Aboriginal & Australian justice system : The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and