QUESTON 1:Do you think that the Miranda requirement prevents police from doing their job? What might happen if Miranda rights did not exist?
QUESTION 2:This assignment assesses the following Course Outcomes:
- CJ140-2:Describe the development of police procedure in relation to the concept of due process.
- GEL-7.02:Apply ethical reasoning to ethical issues within the field of constitutional law.
In a 2- to 3-page paper (excluding cover and reference page), consider the following scenario when answering the questions:
Scenario
Officers Adams and Jones are on patrol one night when they see Wright, a known felon and PCP drug user walking down the street.Officer Adams suggests that they should stop and frisk Wright given his propensity to engage in criminal activity.The officers pull over, tell Wright to stop, and Officer Adams conducts a “Terry type” frisk of Wright’s outer clothing only.
Finding no weapons, Officer Adams orders Wright to turn around and begins to ask Wright questions about what he is doing, where he has been, etc.Wright becomes agitated at the actions of Officer Adams and using his hand, pushes the officer, and starts to walk away from her. OfficerAdams orders Wright to stop.Wright continues to walk away from her, and after taking a few steps away, turns his head and upper torso back around toward Officer Adams and yells at her, “Leave me alone!”
Upon seeing Wright turn around, Officer Adams pulls out her Taser and fires it at Wright, dropping Wright to the ground where he ends up on his side. Officer Adams begins yelling orders to Wright to lay flat on his stomach and to extend his arms and legs.After a bit, Wright can get himself up to being on his hands and knees.At this point, Officer Jones pulls out his Taser and fires it at Wright dropping Wright to the ground, again.
Limit your analysis of the following questions to issues of due process only.
- Were Wright’s due process rights violated when the officers initiated the stop and frisk?Why or why not?
- Were Wright’s due process rights violated when Officer Adams shot Wright with the Taser.Why or why not?
- Were Wright’s due process rights violated when Officer Jones shot Wright with the Taser?Why or why not?
Describe the ethical issues law enforcement faces as it relates to their obligations to not violate due process rights, but to also meet their obligations to enforce the laws of our society and bring those who break the law to justice.