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Importance of the rule of law
Changes to the criminal justice system
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Aristotle once stated, “The rule of law is better than that of any individual.” The essential characteristics of rule of law are: the supremacy of law, meaning both the government and individuals are subject to the law; a concept of justice that emphasizes interpersonal adjudication, based on importance of standards and procedures; restrictions on discretionary power and exercise of legislative power by the executive; independent judiciary, judicial precedent and common law methodology; prospective, not retrospective legislation; and underlying moral basis for law. (Cooray) In China, the justice system has been based on rule “by” law, also known as “rule of men” instead of rule “of” law. In other words, law has been an instrument of the government, which holds itself above the law as opposed to law being supreme. The goal of laws here are to protect the interests of the state, not the individual, and to keep stringent social control. China’s leaders are beginning to realize that establishing the “rule of law” is critical to China’s ability to sustain its rapid economic growth. The lack of legal knowledge and transparency, the complex judiciary and legislative system and cultural barriers rooted deeply in society are just a few main reasons responsible for an inadequate rule of law in China. Due to the lack of tradition of rule of law and the Chinese Communist Party rejection of the kind of liberal democratic government associated with it faces multiple challenges in its establishment. Understanding the importance of modernizing Chinas culture has had leverage on the political and economic level have substantially increased the progress of reform towards the use of rule of law.
Being the oldest continuous major world civilization...
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Throughout the evolution of police, there has always been an unsteady relationship with the public. The waver in civilian’s confidence in law enforcement agencies can be attributed to the increase in police misconduct, or corruption. Then a new strategy called, civilian oversight model was introduced giving regular citizens the chance to have a say in police conduct. The public was in full support of the new model implemented through the law enforcement agencies. However, there was disagrees in the police field with the public having more power over there actions. The increased implementation of civilian oversight models for police wrongdoing has both positive, and negative attributes to the community as a whole.
In the first solution to the disorder of the civilization, the legalist answer was thought of. The philosophers behind this idea thought that “the solution, to China’s problems lay in the rules or laws, clearly spelled out and strictly enforced through a system of rewards and punishments” (Strayer 150). The underlying “sole purpose of the Legalism was to make the rule of the ruler longer for the Legalism [and] to regulate the behavior of each individual so as to establish a social order” (Ma 55). The legalist answer was a good idea because they felt a harsher government
Police misconduct has been in existence since the 1600’s, European Influence on American Policing. Ironically, Police Officers in modern day continue the legacy of the police “culture” (Barry, 1999). A culture of abuse of authority or discretion, code of silence amongst officers, discrimination, and a strong belief that “cops — and firefighters — stick together, in life and death situations” (Wetendorf, 2004). Regardless of the abuse of authority officers conduct, it is a clear sign of poor ethics and morals amongst officers.
By the turn of the twentieth century, criticism was developing over the ineffective and illegitimate character of local police departments. During this time period, the Progressive Era, many changes were taking place in America. Urbanization was bringing many people to large, increasingly industrial cities of the day. City officials were required to redesign many facets of urban life as cities continued to grow. This atmosphere of reform was also carried over into policing. Roberg et al. argues that the 1920s to 1960s were “probably the most significant period in the development of policing in the United States” (2012). During this time period, the foundations of professionalization were laid down. The reform model of policing dominated police work during this time period (Roberg et al. 2012). This model was characterized by a commitment to base the police-community relationship on law and police policy. It was now understood that police action should not be influenced by politics or personal opinions. To avoid this, police departments were now efficiently and centrally m...
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As we can see, the system of Law Enforcement is formed over many centuries of history, starting as a horse guard and Rangers to modern police departments, agencies and states, performing a variety of functions and meeting the requirements of each time period. Comprehensive study of the evolution of foreign police forces is relevant and has a scientific significance; there may be a promising area of historical and legal research. Analysis of state-legal laws of development of the Law Enforcement system of different countries represent an important step in this direction.
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Some of the strengths of China’s justice system are that of the following. A pro for the criminal justice system in China is that the system is tilted in favor of the police and prosecutors. Another plus is that fact that there are no juries, all hearing are presided over by a three judges. The biggest pro to this system is that is constantly being updated by the government to make the Chinese justice system better and more up to date with other justice systems around the world (Hays,
In layman 's terms corruption can be defined as a dishonest or fraudulent act committed by those in power. Corruption in relation to police officers can be applied to many different issues and examples, all of which relate to an abuse of power in search of individual prosperity (Rothlein, 2008). Police have been known to carry out acts of corruption varying from bribes to brutality and the violation of basic rights (…) and although varying in severity, the universal outcome is a loss of society’s trust. Trust in law enforcement is necessary as the officers, who are held responsible by society, have also been given powers by that society which allow officers to stop, detain, and arrest average citizens (Loree, 2009). Sartor (2003) even went as far to state if there was no trust, co-operation would end, and the whole fabric of society would
In a rule of a law where democracy exists the independence and power of police should be authorized based on their accountability. Accountability that consists of holding police responsible for what they do as an organization or individuals by observing their policies and practices and the purpose for which they claim authority which should be justifiable. And checking to what extent would the police be feasible to the societies for their actions?
The police handle an essential part in society as its protectors. The law enforcement officers look out for the citizens and try to protect their safety and happiness whenever possible. Throughout the years, however; the society has questioned the use of force, racism and internal corruption as well as other forms of misconduct by officers of the law. Some people claim that many of these problems are misconstrued by the media and blown out of capacity; these officers are simply doing their job. Others argue that these circumstances can be drawn back to poor training and policies. Others maintain that the whole system needs to be changed and that with the rise in crime; officers have become enforcers more than protectors.