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This 4 page paper discusses the question of whether or not the goals of law enforcement conflict with the principles of due process. Bibliography lists 3 sources.
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4 pages (~225 words per page)
File: D0_HVpoldue.rtf
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of law enforcement necessarily conflict with the principles of due process. Discussion The short answer here is that the two should not be mutually exclusive, because the law upholds the
Constitution, which is where we get the idea of due process in the first place, the Fifth and Fourteenth Amendments in particular. The Fifth Amendment, which is part of the
Bill of Rights, says in part that no one "shall be compelled ... to be a witness against himself; nor be deprived of life, liberty, or property, without due process
of law." Section 1 of the Fourteenth Amendment has almost identical language: "No State ... shall ... deprive any person of life, liberty, or property, without due process of law."
These two Amendments make it incumbent on law enforcement officials to take the highest precautions when doing their duty to also make sure they protect the rights of the individuals
involved. Its probably fair to say that police often feel that these provisions tie their hands, and make it possible for criminals to get away with crimes on "technicalities." For
instance, an overzealous officer who fails to warn a suspect of his rights-despite having caught him in the commission of a crime-will probably have that arrest thrown out. Likewise
a rookie who obtains evidence in an illegal search will have that ruled inadmissible; this is particularly galling in those cases when the evidence would have proven that the person
was guilty. However, the rules exist to protect everyone and must be followed. Its well-known that police work is stressful and uncertain, and fosters an "us vs. them" mindset, which
tends to bond officers together in opposition to everyone who is not on the force. This can-and has-led to situations in which an officers misdeeds are covered up by others
...