Rights, morality, and the criminal justice system

Human rights are rights standards that are given to everybody. They do not have to be earned and are relevant to everyone, everywhere and in all situations. Human rights are universal principles that apply to all people in all cultures. These rights such as right to education, health care and housing do not need to be earned and they cannot be taken away. In reference to the criminal justice system these right can come into play when dealing with the incarcerated population. Although they have been convicted of a crime, they still have the right to exercise these human rights.

Legal rights are rights that refer to legal protection and representation when interacting with the criminal justice system. These rights include the right to the presence of an attorney in a criminal trial, the right to humane treatment and legal protections such as Miranda rights, where a subject is informed of their protection under the law before agreeing to submit to any questioning or statements while in custody. In reference to the criminal justice system all people arrested have a right to the above mentioned protection regardless of the crime they are accused of committing. Officers may see an opportunity to take advantage of a situation where they might obtain valuable information for a conviction but must take into account the legal protection rights and how it might jeopardize their case. Officers also must treat everybody in a humane manner, only using necessary force to affect an arrest if applicable and caring for a suspect’s safety while in their custody.

Moral rights are liberties and protections that possess a deeper and more enduring significance that may or may not be created by government. These rights are attached to people simply by virtue of their being human and are considerably more fundamental than the articulated legal protections. Moral rights include the right to self-protection and the right to liberty against unjustified interference with the pursuit of happiness. Some dilemmas that may come into play in dealing with the criminal justice system are acts of self-defense and the decisions that follow when deciding to possibly pursue a criminal act.

Reference

Ethics, Crime, and Criminal Justice

Second Edition Christopher R. Williams Bradley University Bruce A. Arrigo University of North Carolina at Charlotte Copyright © 2012, 2008 by Pearson Education, Inc.

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