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Importance of the rule of law
Changes to the criminal justice system
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Recommended: Importance of the rule of law
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.
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...accountability of the Chinese police." Policing -Bradford- 20, no. 1: 113-135. British Library Document
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Today, China is ranked as the nation with the largest population in the world. It is also a fact that China is amongst one of the countries whose economy is growing at a very rapid rate. It is quite imperative to note that capitalism has been the dominant in this nation, which enables it to not only strengthen, but also capture great regional as well as global influence. Even though China has been rediscovering its ancient tradition elements whilst repackaging them to be in line with modernity, it is evident that the visions embraced are very different from the ones in the West. The Celebrated Cases of Judge Dee is a perfect publication that sheds light to the reader on the various social, political and moral issues that existed in China decades ago and the ways of resolving them. Comparing the legal issues in China decades ago, a thin line can be drawn. This is inherently because nothing much has changed in terms social, political and moral perspectives. The celebrated cases of Judge Dee borrow a lot from the Chinese culture, which defines the standard morals and values for its people. Consequently, the legal system in this nation appears to rely wholly on the defined moral standards in reprimanding wrongdoers.
Walker, S., & Katz, C. (2012). Police in America: An Introduction (8th Edition ed.). New York:
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 every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Skogan, W., Meares, T. (2004) ‘Lawful Policing’ The Annals of the American Academy of Political and Social Science 66 (18)
Martin, Rich. "Police Corruption: An Analytical Look into Police Ethics." The FBI Enforcement Bulletin May 2011: 11+. Academic OneFile. Web. 9 Feb. 2015.
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...
Linch G., & Diamond, E. (1983) Police Misconduct. In Kadis, S. Encyclopedia of Crime and Justice. New York: The Free Press
Wilson, J. (1978). Varieties of Police Behavior: The Management of Law and Order in Eight American Communities. American Journal of Sociology, 75(1), 160-162
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?
Law Library. (n.d.). Retrieved July 12, 2011, from Law Library - American Law and Legal Information: Police Corruption and Misconduct - History, Contemporary Problems, Further Readings
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
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.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.