The Bill of Rights and Individual Rights

“Those who would sacrifice liberty for security deserve neither.” This quote attributed to Benjamin Franklin raises the most important issue that is raised in the field of criminal justice, creating a balance of individual rights and social control and security. There are always those in a society who feel one absolute is correct and would give anything to attain that state, however a balance is needed for a society to thrive. The Bill of Rights as it pertains to individual liberty is a key document to protect given rights and is also vital in limiting government infringement on said rights. This document has been interpreted many times since the United States gained independence. It is the Supreme Court’s job to review the constitution, including the Bill of Rights, and to determine what was meant by the founding fathers as it was written, without any personal opinions included. It is in this job description that falls the court’s responsibility to outline individual rights as they interpret the founding father’s intentions through the writing of the bill itself.

The Bill of Rights is under as much intense scrutiny as ever. Recent events have brought the issue of exactly what rights are protected by the bill and in what situations they may be suspended, into the spotlight. Individual rights are defined as “what one is allowed to do and what can be done to an individual” (www.wikipedia.com). The Bill of Rights outlines these rights in the first ten amendments to the U.S. Constitution, and has since been interpreted many times by the U.S. Supreme Court. Among the rights the Supreme Court has guaranteed in its rulings is the right to be assumed innocent until proven guilty, something that is not guaranteed in other “free countries” such as some in Europe. It has also established that individuals have the right against unreasonable search and seizure, the right of probable cause, and the right to due process. These are only several of the rights guaranteed by the Bill of Rights. In more recent cases, new rights have been established, such as the right to choose to have an abortion, which was established in the landmark case Roe v. Wade. Also in the past few years the issue of the right to die as well as the issue of powers granted in war time situations have been brought into the judicial realm. These issues have, or will soon be, in the judicial system and may drastically change the way government operates.

The Bill of Rights plays a very important role in the criminal justice field. It affects all three branches, dictating to them the most basic ideas of what they are and aren’t allowed to do. Although more rules and regulations can be, and often are placed on individual aspects, the Bill of Rights outlines exactly what must be granted to individuals and what rights cannot be violated. With every crucial decision the judiciary makes, the criminal justice system is responsible for adapting its operations to accommodate. Many rules pertaining to rights of individuals involved in court cases are outlined in the Bill of Rights. All of these rights then must be incorporated into the daily functions and rules of the court so they are assured to not be violated by the government. Another example is the case of Miranda v. Arizona, which established the procedures the police must follow when an arrest and detainment occurs. These are just two examples of the bill of rights and individual rights as pertaining to the criminal justice system, although many more do exist.

As you can see, the Bill of Rights is vital, not only to the criminal justice field, but also in such topics as government and social disputes. It has been interpreted for many years and will continue to be interpreted for years to come as new and recurring issues arise. It outlines our basic liberties and protects and preserves the importance of the individual in society. A delicate balance of liberty and social control and security must be formed with the Bill of Rights being one key piece in attaining this ideal state. New court rulings will affect individual rights, either modifying preexisting ones or adding entirely new ones as it is continually reviewed by the judiciary system. The Bill of Rights has great influence presently and will remain this way in the foreseeable future.