In this assignment you will analyze a case involving public safety versus an individual’s
Unit III Case Study
Right to Privacy Case Study
Certain freedoms such as civil liberties and civil rights are concepts highly revered by Americans; however, there are times when these two concepts conflict in the name of safety and national security. The Digital Age is having a profound effect on the privacy of individuals in both their daily and private lives. With technology like cameras and smartphones, the activities of people are being recorded more, whether it is running a red light, entering a building, playing in a park, or using an ATM machine.
In this assignment you will analyze a case involving public safety versus an individual’s privacy. Read the following article from the New York Times concerning Carpenter v. United States, a case recently decided by the Supreme Court.
Liptak, A. (2018, June 23). Warrant required for cellphone tracking data. New York Times, p. A1(L). Retrieved from http://link.galegroup.
For more background on the case, here is a link to the actual opinion written for this case: https://www.
Please answer the following questions concerning this case. Address the questions in a cohesive essay. It should be at least two pages in length and should be double-spaced, and typed in 12-point Times New Roman font. Please be sure to provide an introduction to your essay,
- Which part of the Constitution addresses individual privacy rights? Do you believe that, with today’s technology, the Constitution still adequately protects those rights? Why, or why not?
- Describe the issue that was debated in this case. How was the need for public safety and security balanced with individual civil liberties and civil rights impacted by the final ruling in this case?
- Do you agree with the majority opinion or the dissenting opinion in this case? Explain your response. Where do you personally draw the line in this privacy issue?
- Explain how historical thought and tradition affect civil liberties and rights as they pertain to the issue presented in this case.
- Describe how politics can intersect with civil rights.
- What consequences do you support for those who violate constitutional rights?
- What, if any, compensation do you recommend for individuals whose rights have been violated by others?
You must use at least two sources, in addition to the article given, to support your response. Make sure that all sources are cited and referenced using APA style.
Expert Answer and Explanation
Unit III Case Study
Among the most discussed civil liberty in the US is the right to privacy. This is especially in the light of technology advancement, where in the recent past, there has been numerous technological advancements that infringe the rights of privacy by accessing personal data of individuals, especially through different telecommunication providers.
The digital age has affected the private lives of Americans as they can be recorded when entering a building, passing a red light in traffic, playing in parks or even using ATM machines (Citron, 2018). This assignment involves an analysis of the Carpenter v. United States case, where privacy and phone location data as well as other elements are highlighted.
Part of Constitution that Addresses Individual Privacy Rights and the Capacity of the Constitution to Protect those Rights
The fourth amendment is the part of the constitution that protects individual privacy rights in an extensive way. Under this section of the constitution, which was added in December 1791, people are protected from searches that are unlawful or even seizures by authorities (Henderson, 2017). The police need to have a warrant to access your house and conduct extensive search.
Issue debated in the Case
In the Carpenter v. United States case, the issue debated about was the question as to whether or not the police, or other authorities, have the right to have unrestricted access to customer data through the telecommunications service providers (Chaudhari & Prasad, 2019). It was an issue that was raised in response to the anti-terrorism procedures set by the police of accessing different gadgets held by citizens to prevent unsafe digital activities.
My Agreement in the Majority Opinion in the Case
The majority opinion in the case held that there should be a warrant for the police to access the site location or other information of a citizen from a cell phone company. This majority opinion was held by Chief Justice Roberts, and was joined by justices Sotomayor, Kagan, Ginsburg, and Breyer (Chaudhari & Prasad, 2019). I agree with this opinion as it is among one of the only few ways that customers of telecom companies can feel safe using the devices to communicate amongst themselves.
How Historical Tradition affects the thoughts as Pertaining to this Case
One of the historical traditions that affected the thoughts pertaining to the case is that the police are meant to provide security for citizens, and that citizens should be willing to cooperate in all ways they are asked to. This traditional opinion dismisses the fact that some of these members of the police taskforce may be ‘dirty,’ and hence infringing the privacy of citizens would have the wrong beneficiaries.
Intersection of Politics with Civil Rights
Politics affect civil rights in a large way. In the Carpenter v. United States case, four justices including Justice Alito, Justice Gorsuch, Justice Kennedy, and Justice Thomas, has dissenting opinions, and several analysts argued that their indifference to the issue of privacy was on a political basis.
Consequences for those Who Violate Constitutional Rights
Violation of constitutional rights is a serious criminal offense, and I support the legal punishment of culprits of the same. However, there should be adequate warnings before serious actions are taken on the affected individuals.
Compensation I Recommend for Individuals whose Rights are Violated by others
A public pardon is best when a crime committed exposes a citizen to public shame. In other violations, I believe financial compensation to the individuals whose rights are violated should be done. I also believe that the culprits should compensate all other damages associated with the violations.
References
Chaudhari, N., & Prasad, S. K. (2019). Carpenter v. United States: State Surveillance and Citizen Privacy. NALSAR Stud. L. Rev., 13, 129.
Citron, D. K. (2018). Section 230’s Challenge to Civil Rights and Civil Liberties. Knight First Amendment Institute, Emerging Threats Series (2018).
Henderson, S. E. (2017). Carpenter v. United States and the Fourth Amendment: The Best Way Forward. Wm. & Mary Bill Rts. J., 26, 495.
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FAQs
Police case study example
Here is an example of a police case study:
Case Study: Use of Force by Police Officer
Background:
A police officer responded to a call about a disturbance in a local park. When the officer arrived at the scene, he found a group of people arguing loudly. The officer attempted to calm the situation, but one of the individuals in the group became aggressive towards the officer. The individual started to advance towards the officer and refused to comply with the officer’s commands to stop.
Issue:
The officer was faced with a potentially dangerous situation and needed to use force to gain control of the situation. The issue was whether the use of force by the officer was reasonable and justified.
Analysis:
The use of force by police officers is governed by the Fourth Amendment of the US Constitution, which prohibits unreasonable searches and seizures. The use of force by a police officer must be reasonable and necessary based on the circumstances.
In this case, the officer was faced with a potentially dangerous situation when the individual advanced towards him in an aggressive manner. The officer had a duty to protect himself and others at the scene. The officer used a taser to gain control of the individual and place him under arrest.
The use of force by the officer was reasonable and justified based on the circumstances. The officer’s actions were in compliance with the department’s policies and training on the use of force.
Outcome:
The officer’s use of force was reviewed by the department’s Internal Affairs Division and was found to be within departmental policy. The officer received additional training on de-escalation techniques to use in similar situations in the future.
Conclusion:
The use of force by police officers is a sensitive issue that requires a careful analysis of the circumstances. In this case, the officer’s use of force was reasonable and necessary based on the situation. It is important for police departments to have clear policies and training on the use of force to ensure that officers can effectively and appropriately respond to potentially dangerous situations.
Famous criminal case studies
Here are some famous criminal case studies:
O.J. Simpson Case: One of the most widely publicized criminal cases in the United States, former football star O.J. Simpson was accused of murdering his ex-wife and her friend in 1994. After a highly publicized trial, Simpson was acquitted of the charges.
Ted Bundy Case: Serial killer Ted Bundy was responsible for the murders of at least 30 women in the United States during the 1970s. He was caught in 1978 and went through multiple trials, but was eventually sentenced to death and executed in 1989.
Jeffrey Dahmer Case: Jeffrey Dahmer was a notorious serial killer and cannibal who murdered 17 men and boys between 1978 and 1991. He was caught in 1991 and later sentenced to life in prison, but was beaten to death by another inmate in 1994.
Amanda Knox Case: In 2007, Amanda Knox, an American exchange student in Italy, was accused of murdering her roommate. After a highly publicized trial, she was convicted and spent four years in an Italian prison before being acquitted in 2015.
Casey Anthony Case: In 2008, Casey Anthony was accused of murdering her two-year-old daughter in Florida. After a highly publicized trial, she was found not guilty of the murder charges.
Jodi Arias Case: In 2008, Jodi Arias was accused of murdering her ex-boyfriend in Arizona. After a highly publicized trial, she was found guilty of murder and sentenced to life in prison.
Crime intelligence analysis example
One example of crime intelligence analysis could involve analyzing patterns and trends in criminal activity in a particular area or region. This analysis could involve examining data on crimes such as burglary, theft, and drug offenses, as well as information on the perpetrators and victims involved.
By analyzing this data, crime intelligence analysts can identify patterns and trends that may be useful in preventing and solving crimes. For example, they may identify a particular neighborhood or street that has experienced a high number of burglaries, or they may notice a spike in drug-related arrests in a certain area.
Once these patterns and trends have been identified, crime intelligence analysts can work with law enforcement officials to develop strategies to address these issues. This may involve increased patrols in certain areas, targeted investigations of suspected criminals, or outreach and education programs designed to prevent crime before it occurs.
Ultimately, crime intelligence analysis plays a critical role in helping law enforcement agencies to understand the nature of crime in their communities, and to develop effective strategies for preventing and responding to criminal activity.
What is the difference between civil rights and civil liberties?
Civil rights and civil liberties are both important concepts related to the protection of individual rights, but they have different meanings and applications.
Civil rights are protections that ensure individuals are not discriminated against based on certain characteristics, such as race, gender, religion, or national origin. Civil rights are guaranteed by laws and policies, and are enforced by government agencies such as the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ). Examples of civil rights include the right to vote, the right to be free from discrimination in employment or housing, and the right to receive equal treatment under the law.
Civil liberties, on the other hand, are individual freedoms and protections that are guaranteed by the Constitution and other laws. Civil liberties include the right to free speech, the right to privacy, and the right to a fair trial. These rights are protected by the courts and enforced by government agencies such as the ACLU (American Civil Liberties Union) and the Department of Justice (DOJ).
While civil rights and civil liberties are related, they are distinct concepts. Civil rights focus on protecting individuals from discrimination based on certain characteristics, while civil liberties focus on protecting individual freedoms and rights. Both are important for ensuring that all individuals are treated fairly and equally under the law.
Examples of civil rights and civil liberties
Civil rights:
- The right to vote
- The right to be free from discrimination based on race, gender, religion, or national origin
- The right to equal education opportunities
- The right to equal access to public accommodations, such as restaurants, hotels, and transportation
- The right to be free from housing discrimination
Civil liberties:
- The right to freedom of speech and expression
- The right to freedom of religion and belief
- The right to privacy
- The right to a fair and speedy trial
- The right to bear arms
- The right to be free from unreasonable searches and seizures
- The right to a free press
- The right to assemble and protest peacefully
- The right to marry and have children
Why are civil liberties important?
Civil liberties are important because they protect the fundamental freedoms and rights of individuals in a society, and they are essential for maintaining a democratic and just society. Here are some reasons why civil liberties are important:
- Protect individual autonomy: Civil liberties protect an individual’s right to make their own choices and live their life according to their beliefs and values. This includes the freedom of religion, speech, and assembly, as well as the right to privacy.
- Promote democracy: Civil liberties are essential for promoting and protecting democracy. The freedom of the press and the right to assemble and protest peacefully are critical for a functioning democracy, as they allow citizens to express their views, hold their government accountable, and participate in the political process.
- Prevent abuses of power: Civil liberties serve as a check on government power and help prevent abuses of power. For example, the Fourth Amendment’s protection against unreasonable searches and seizures ensures that the government cannot invade an individual’s privacy without a warrant or probable cause.
- Encourage creativity and innovation: Civil liberties allow individuals to express themselves and pursue their passions, which can lead to new ideas and innovations in art, science, and technology.
- Protect minority rights: Civil liberties protect the rights of minority groups and prevent discrimination based on race, religion, gender, or other factors. This is critical for ensuring that all individuals are treated equally under the law and have the same opportunities to succeed.
What generalizations can be made about the conflict between civil rights and civil liberties?
The conflict between civil rights and civil liberties often involves a delicate balance between protecting individual freedoms and ensuring equal treatment for all members of society. While these terms are sometimes used interchangeably, they have distinct meanings that contribute to the complexity of the conflict. Here are some generalizations about this ongoing tension:
- Definition and Scope:
- Civil Liberties: These are individual freedoms and protections against government actions, such as freedom of speech, religion, and privacy.
- Civil Rights: These refer to the rights of individuals to be treated equally and free from discrimination based on characteristics like race, gender, or nationality.
- Individual vs. Group Rights:
- Civil Liberties Focus on Individuals: Civil liberties are often seen as protecting individual autonomy and limiting government intrusion into personal affairs.
- Civil Rights Focus on Groups: Civil rights, on the other hand, address the collective rights of historically marginalized groups to ensure equal opportunities and treatment.
- Conflicts and Trade-offs:
- Balancing Act: The challenge lies in striking a balance between protecting individual freedoms (civil liberties) and addressing systemic inequalities (civil rights).
- Trade-offs in Policy: Some policies aimed at promoting civil rights may appear to restrict certain civil liberties, and vice versa. For example, affirmative action may be viewed as compromising individual merit for the sake of group equality.
- Legal Framework:
- Constitutional Basis: Civil liberties are often rooted in constitutional amendments like the Bill of Rights, while civil rights are addressed through laws and amendments designed to eliminate discrimination (e.g., the Civil Rights Act of 1964).
- Evolution Over Time:
- Dynamic Nature: The interpretation and prioritization of civil liberties and civil rights evolve over time, influenced by social, political, and legal changes.
- Expanding Rights: Societal progress often involves expanding civil rights to include previously marginalized groups, potentially leading to clashes with established civil liberties.
- Public Opinion and Values:
- Varied Perspectives: Different individuals and groups may prioritize civil liberties or civil rights based on their values and perspectives, leading to diverse opinions on government actions and policies.
- Legal Challenges:
- Court Interpretation: The judiciary plays a crucial role in interpreting and adjudicating conflicts between civil liberties and civil rights, shaping the legal landscape through landmark decisions.
- Intersectionality:
- Overlap of Issues: Many individuals and groups experience the intersection of civil liberties and civil rights issues, requiring a nuanced understanding of how these concepts interact in specific contexts.
In summary, the tension between civil rights and civil liberties is inherent in democratic societies, reflecting the ongoing effort to uphold individual freedoms while addressing systemic inequalities and promoting equal treatment for all citizens. The resolution of these conflicts often requires careful consideration of legal, social, and ethical dimensions.
