Title of article :
Judicial Attempts to Control Police Behavior inthe United States of America
Author/Authors :
Pardesi, Yasmeen Yousif , Mangi, Aftab Ahmed , Pardesi, M. Yousif
Abstract :
This research paper highlights the implications of judicial attempts tocontrol police behavior in the United States of America. Thediscussion in this paper revolves around the general nature of‘exclusionary rules’ discerned by the judicial decisions viz: Mapp vsOhio (1961) where by the discretionary behavior of the police isscrutinized in detail. The consequent conduct and control of thejudiciary in determining the constitutional framework for the policeforce as a ‘safety value’ for the ‘constitutional rights’ of theindividuals, soliciting the warrants and/or judicial custody. The papertraces the historical evolution of the police force over the years, thecomparative analysis of different police forces, and gradualemergence of jury system in the United States of America.The behavioral and structural reforms of the police forcethrough the gradual development of the judicial system to check thediscretionary powers exercised by police in the United States havebeen at the forefront of making sure that the individual liberties arenot violated, since it’s the important constitutional requirement on thepart of the executive, legislative and the judiciary to collectively sharethat burden. This research paper discusses the attempts on the part ofthe judiciary to confine the limits of the police behavior throughconstitutional means and within the context of its historicaldevelopment.According to the constitution of the United States of Americano branch of the state would have unbridled powers, and hence thereought to be effective mechanism of checks and balances. Although theFourth Amendment provides that, “the right of the people to be secureagainst unreasonable searches and seizures, shall not be violated” defendants involved in criminal prosecutions in state courts have notalways been able to exclude illegal obtained evidence.Hence having the judicial control on the unrestrained powersof police through Mapp vs Ohio decision, and Blazac vs Porto Ricodecision to strengthen the jury system in the United States of Americaare the classis examples of ensuring individual liberty. Thus thesenotions are pivot of this research paper.
Journal title :
International Research Journal of Arts and Humanities (IRJAH)
Journal title :
International Research Journal of Arts and Humanities (IRJAH)