CJ Wk 1-3 DB Reply

CJ – Wk 1-3 DB Reply
Student’s Name
Institution Affiliation
Discussion Board 1
The significance of order and liberty can hardly ever be one over the other. More emphasis has been placed on maintaining order, leading to an occasional disregard of liberty. I agree with the fact that the balance of the two in the current history is difficult to compare. However, there is the need for the fulfillment of both to certain constraints such that they are in equilibrium. Liberty may provide room for expression but only to a certain extent so as not to interfere with the order in place. The order may also suppress some aspects of liberty such as the freedom of expression. Most of those enforcing order may seem to be of higher authority and many at times usually are, it provides room for interference with the liberty of those below them.
Discussion Board 2
I agree with the fairness of the use of video-based evidence in the court, but not how much justice it might bear. Indeed, there is a low chance of compromising video-based – evidence, making it admissible. Despite the fact that in Zalman (2011) “The United States v. Knotts (1983) affirms there are restrained rights to move from one place to another,” the consideration of public hotels as places within the trace of movement makes the video recording a potential tactic for exploiting the right to privacy. However, under the plain view doctrine, the use of the video evidence is fair in that the acts were committed in plain view during a lawful observation.

Discussion Board 3
These requirements are reasonable and they do not ask for anything beyond being reasonable. It may seem as though a lot of power has been granted to the law enforcement authorities, providing a loophole for abuse. However, boundaries have been placed to ensure the searches are conducted as permitted by the law, under the fourth amendment. The procedure may not be perfect since the reason for the search may not be genuine, but for the better part of it, if the requirements are sensible. In the same way, the “Fourteenth Amendment” in the case “Mapp v. Ohio” overruled the credibility of a wrongful search.

Reference
Zalman, M. (2011). Criminal procedure: Constitution and society. Upper Saddle River, NJ: Pearson/Prentice Hall.