NCJ Number
52947
Date Published
1977
Length
0 pages
Annotation
SELECTIONS FROM THE LAW AND CRIME SERIES OF AUDIOCASSETTES AND FILM STRIPS DISCUSS THE RIGHTS TO PROTECTION FROM UNREASONABLE SEARCH AND SEIZURE AND THE PRESUMPTION OF INNOCENCE.
Abstract
THE TWO RIGHTS ARE EXAMINED FROM THE STANDPOINT OF MODERN THREATS TO THEM. THE U.S. SUPREME COURT DECISION WHICH PERMITTED POLICE TO SEARCH CARS INCIDENT TO VALID TRAFFIC STOPS COULD LEAD TO INTOLERABLE POLICE INVESTIGATORY METHODS AND AN OUTRAGED AND FEARFUL CITIZENRY. THE MORE PEOPLE FEAR POLICE, THE LESS LIKELY THEY ARE TO ASSIST THE POLICE IN LEGITIMATE ATTEMPTS TO ENFORCE THE CRIMINAL LAW. LIKEWISE, PROSECUTORS INCREASINGLY ARE ENCOURAGED TO MERELY WIN CASES RATHER THAN MAKE VALID DETERMINATIONS OF WHO COMMITTED CRIMES. SUCH ABUSES COMPOUND THEMSELVES AND CAN LEAD TO A DICTATORIAL SOCIETY. THE U.S. CONSTITUTION OFFERS A POSITIVE BASIS FOR THE VINDICATION OF THE PEOPLE'S RIGHTS. THE RIGHTS TO SPEEDY TRIAL AND TO COUNSEL CAN BE ENFORCED, BUT THE LIMITATIONS ON THE COURTS' RESOURCES CAN CAUSE PROSECUTORS TO TOLERATE LESS SERIOUS CRIMES TO ALLOW TIME FOR PROSECUTING MAJOR OFFENSES. PRIORITIES IF SET FOR THE POLICE AND COURTS PROBABLY WOULD REJECT STRICT HANDLING OF DOMESTIC DISPUTES AND MARIJUANA OFFENSES. A RETURN TO THE BASIC FREEDOMS OF THE BILL OF RIGHTS CAN ASSURE THE FAIR ADMINISTRATION OF JUSTICE. NO REFERENCES ARE PROVIDED. (TWK)