Criminal and Civil Law: What’s the Difference?

by Tabetha Cooper

What is the difference between criminal and civil law?  That is a question that ever American citizen needs to know.  This nation has developed a strong need for each of these forms of law and their implications are definitely different.  Through an understanding of their definitions, their punishments, and how they apply in society a person can clearly distinguish between the two.

English: 1998 copy of the Indiana Code, the criminal and civil law of Indiana (Photo credit: Wikipedia)

            Criminal law deals with the laws of an individual state or country that regulate criminal offenses and determines the punishment of such offenses.  Civil law, on the other hand, deals with the regulation of a state or nation’s private matters of the individuals therein.  Lippman (2006) states it best, saying civil law is designed to protect an “individual’s interest” and criminal law is in place to protect the “public’s interest.”  Criminal law has two classification, felonies and misdemeanors.  A felony is a criminal act that deserves a prison sentence of a year or more and in severe cases (in some states) the death penalty.  A misdemeanor is an offense that in relatively minor and punishment can range from fines up to a year in jail or prison.  Civil law awards no jail time at all.  If the case falls under contract law the defendant is ordered to “reimburse the plaintiff for damages.”  If it falls under tort law, the defendant may be ordered to pay punitive damages in addition to the reimbursement (Standler, 1998).

            A defendant that is being tried in a criminal case is protected under the United States 

English: First page of a sample eTrace Report as used in a criminal case (Photo credit: Wikipedia)

Constitution.  They can exercise their rights to due process, privacy, assistance of counsel, speedy trials, against self incrimination, and against double jeopardy.  A defendant in a civil case is not protected under any of these rights.  On the contrary, he has to relinquish any documents asked of him that pertain to a case and he is made to testify on his behalf or the judgment can automatically be made against him.  In addition it can take weeks, months, and in most cases even years before the case is ever brought before a judge.  Defendants are not entitled to be represented by an attorney and if desire to be must do so at their own expense.  If the defendant happens to win the case another suit can be brought against her at a later time (Standler 1998).

            Now that an evaluation the definitions of both civil and criminal law, the punishments of each, and how they are applied in society has been made, everyone can be informed of the differences of these laws.  As citizens go about their daily lives, it is hoped that they know the difference between both criminal and civil law.  A bigger hope is that through this understand, citizens can avoid ever having to be subject to either form of law.

References

Lippman, M. (2007). Contemporary Criminal Law: Concepts, Cases, and Controversies. Sage                   Publishing. Thousand Oaks, Ca.

Standler, R. B. (1998). Differences Between Civil and Criminal Law in the USA. Retrieved         6.14.10 from  http://www.rbs2.com/cc.htm

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The Civil Rights Act of 1964: Modern Society, the New Freedoms, and the Benefits and Harms Caused to Society

By Elizabeth Hall

Civil Rights Act of 1964 (Photo credit: Wikipedia)

Introduction

While the Civil Rights Act of 1964 was not the first legislation of its kind, as there were Civil Rights Acts as far back as 1866, this act established the pathways for all people to gain education (Black Americans in Congress, n.d.).  The establishment of education for all people regardless of race, creed, nationality, sex, or religion provides the path to equality in this country.  The passage of this act has had a profound effect on my life, educational, and career choices.  Globally this act has had a profound effect as well, as it has prompted many immigrants to make the sometimes-arduous journey to the United States to take part in this education.  Although there is still more yet needing done, this piece of legislation is one of the most important legislation this country has passed since the Constitution and has affected each one of us in one manner or another. 

The Civil Rights Act of 1964

Throughout the history of the United States, at various times reaching as far back as the 1776 letter from Abigail Adams the people of this country have been pushing for equal rights for everyone at one time or another as noted by The National Women’s Project (2002).  Abigail Adams wrote this letter to remind her husband to “Remember the ladies” when forming policy for this country.  This was the beginnings of anyone having the notion that anyone but white men deserves rights.  This letter was also the beginning of a struggle among people of the United States that would culminate 188 years later with a new beginning. 

Many people contributed to this cause over the years, some giving their time to promote freedom for all, some by going to jail, however some gave with their very lives.  What it caused is civil rights for everyone regardless of race, creed, sex, national origin, color, or religion, to be strictly enforced in the United States today (Farber, 1994).  Throughout history, several notable events made the enactment

English: President Lyndon B. Johnson at the signing the 1964 Civil Rights Act. White House East Room. People watching include Attorney General Robert Kennedy, Senator Hubert Humphrey, First Lady "Lady Bird" Johnson, Rev. Martin Luther King, Jr., F.B.I. Director J. Edgar Hoover, Speaker of the House John McCormack. Television cameras are broadcasting the ceremony. (Photo credit: Wikipedia)

 of the Civil Rights Act of 1964 a possibility, such as the 13^th, 14th, and 15^th Amendments abolishing slavery establishing citizenship for people born or naturalized in the United States, and the right to vote for all citizens.  Six Civil Rights Acts came into law from the time of Abigail Adams’ letter until the Act of 1964 became the law of the land (Black Americans in Congress, n.d.). 

The first of these, enacted in 1866 by the 41^st congress gave white men the right to buy or lease land.  The legislation did not state that it was for white men, however at the time, they were the only subset of people that this country considered having rights at all.  The next five Civil Rights Acts all primarily ensured freedom of discrimination by race, color, creed, sex, religion, or national origins, and the right to vote (Black Americans in Congress, n.d.).  While these are important, the one thing that they did not ensure was the right to an education, which meant, that everyone, except white men of means did not receive the same educational benefits.  When congress passed the Civil Rights Act of 1964, for the first time education, mandated as a right to everyone, came with integration enforcement by law, so that anyone attending public school was federally entitled to the same education in the same facilities as everyone else (Farber,1994). 

Effects on My Life

As a white female born in Louisiana in 1970, I saw subtle nuances of racism around me every day, but nobody talked about it.  However, during my lifetime, because of the passage of this legislation, I 

Portrait of Dr. Martin Luther King, Jr. (Photo credit: Wikipedia)

have had many opportunities that would not have happened, such as going to college, managing a restaurant, and even thinking about entering the criminal justice field.  These were all male dominated jobs, and my role would have been to stay at home, clean the house, raise the kids, and take care of my husband.  College would not have been considered, as I would have been married soon after high school.  This is because that was how things were before the 1960’s. 

Effects on Choice of Scholastic Opportunity and Course of Study

The Civil Rights Act of 1964 made it possible for me to go to school and learn tolerance from the beginning of my educational pursuits, because in 1975, the rights that people would protest, sit-in, boycott, and get themselves arrested, beaten, or both for were already put into place.  Schools mixed with people from all races, nationalities, creeds, sexes, colors, and religions’ learning together was the standard the United States had set.  Where women learned homemaking skills in the 1950’s in home economics class, they could now take auto shop instead, or whatever they chose including focusing on math and science. 

For the first time, all people were entitled to the same educational opportunities which should have given everyone equal opportunity, however it did not quite accomplish that goal.  According to Dye & Harrison (2008), it seems that the struggle for this right moved from a discrimination by race, creed, nationality, sex, or religion into the social status of capitalism and the elites and the masses.  The struggle there is economical, because the elites have a disproportional amount of wealth compared to what the masses have; therefore, they have better opportunities in a capitalist system.  This legislation was the backbone of gaining equal rights for everyone and for further legislation to obtain true equality.

Effects on Career Choice

Martin Luther King and Malcolm X waiting for press conference. (Photo credit: Wikipedia)

What this legislation did for women was to pave the pathway for women’s liberation movements, because if we recognized the civil rights that it introduced, made all discrimination illegal, including against women.  What it did not do was actually provide them equal pay for equal work (Farber, 1994).  It did, however give them the right to obtain the education to perform any job, even those previously considered male jobs only.  With the education, women receive now, along with the other legislation passed since then, they can compete in the workplace for any job in any company against anyone if they have the educational requirements for the position.  Other legislation includes, but is not limited to combat duty since 1990, membership to clubs and organizations such as the Jaycees, and the Gender Equality in Education Act in 1994 according to the National Women’s Project (2002). 

Worldwide Effects

The global effects that have come from this legislation have both good and bad aspects for this country due to the way that Title VI of the legislation reads, as noted by the Office of the Assistant Secretary for Administration and Management (OASAM) (n.d.).  The bill reads “No person in the United States, shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Assistance” (OASAM, n.d.).  The reason that this is good for this country is because citizens and legal immigrants can receive these benefits, services, and considerations.  The reason that this legislation is bad for the country is because all legislation is written with certain wording, which is followed to the letter of the law.

 The problem with this has to do with illegal immigration, because the wording specifically states that “any person in the United States” is entitled to these services, benefits, and considerations (OASAM, n.d.).  What this translates into in reality is that every illegal immigrant that sets foot in our country is entitled to these benefits as well.  Baker, Hoefer, and Rytina (2010), report that the illegal immigrant population increased by 27% from 2000 to 2009, with most of these people entering from our Mexican border.  They define legal immigrants as those who have obtained the statuses of; asylum, permanent residence, refugee, or persons granted temporary passes to study or work in the United States.  Illegal immigrants are defined as any person born in a foreign country that has not obtained citizenship, who are not legal immigrants (Baker, Hoefer, & Rytina, 2010). 

Before the year 2001 and the attacks on the World Trade Center, this issue was a problem for this country because of the southern border and the amount of illegal drug trafficking that gets into the country at these points from Mexico and Columbia (National Drug Threat Assessment, 2010).  After the year 2001, not only does this problem affect our citizens and legal immigrants through the violence brought into the country by the drug trafficking, but because of the attacks on September 11, 2001 now this affects our national security as well.  This is largely due to the threat of enemies of our nation entering our country illegally.  The Center for Immigration Studies reports that the most imperative thing that we can do to protect ourselves from the multiple threats from abroad is to secure our immigration process and our borders (Camarota, 2002).

Conclusion

100_1086 (Photo credit: www_ukberri_net)

The Civil Rights Act of 1964 is one of the most important pieces of legislation that the United States has passed since the signing of the United States Constitution.  This act provided for the advancement of everyone in the United States to obtain a proper and equal education under Federal law regardless of race, color, sex, creed, or national origin.  For the most part this has been a blessing, opening the door for the advancement of equality we enjoy today, which is not perfect, but has come a long way since 1964.  The only drawback to this legislation is that the wording chosen allows a person to come here illegally, and get the same benefits as anyone who chooses to come here legally.  This is causing our country to endure extra violence caused by the illegal immigrants who choose to smuggle drugs into this country, and now a credible threat to our national security.  Another issue this contributes to is the financial crisis we are in, because we are funding their lives with federal monies.  This is a hotbed issue in our Capitol because of the financial crisis and that there is no easy solution to the problem.  It does seem, however, that the simplest solution is to let the people who are already here stay, but also to allocate the funding to close the borders to keep new illegal immigrants out.

References

Baker, B.C., Hoefer, M., & Rytina, N., (2010).  Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009.  Retrieved From:  http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf

Black Americans in Congress (n.d.).  Historical Data: The Constitutional Amendments and Major Civil Rights Acts of Congress Referenced on this Website.  Retrieved From: http://baic.house.gov/historical-data/civil-rights-acts-and-amendments.html

Camarota, S. A., (2002).  The Open Door: How Militant Islamic Terrorists Entered and Remained.  Retrieved From: http://www.cis.org/911-HowMilitantIslamicTerroristsEntered

Dye, T.R., & Harrison, B.C., (2008).  Power & Society: An Introduction to the Social Sciences.  Thomas Wadsworth

Farber, D. (1994).  The age of great dreams America in the 1960's.  New York: Hill and Wang

            Georgetown University, (n.d.). 

National Women’s History Project (2002).  Timeline of Legal History of Women in the United States.  Retrieved From: http://www.legacy98.org/timeline.html#1932

New York Teacher Archive, (n.d.).  Women’s Labor History Timeline: 1765-Present Day.  Retrieved From: http://www.nysut.org/newyorkteacher_12304.htm

Office of the Assistant Secretary for Administration and Management (OASAM), (n.d.).  Title VI, Civil Rights Act of 1964.  Retrieved From: http://www.dol.gov/oasam/regs/statutes/titlevi.htm

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Tort Law – Overview and Definition

Article by: Scott Hall(docplocky@gmail.com)

    

English: The Restatement of Torts at the law library of UC Berkeley School of Law. (Photo credit: Wikipedia)

        Many citizens have read or heard about the person who had a very hot cup of coffee spill over into their lap, causing severe burns and resulting in a law suit, but not everyone knows what laws apply to this type of lawsuit.  They know they have been wronged (even if by their own actions) and they know someone must own up to the responsibility of the error (in this case it was improper labeling) and when satisfactory compensation or relief has not been achieved, sometimes those citizens know they have to go to court in order to resolve those issues.  Tort laws apply mostly to civil suits and sometimes can come from criminal judgments such as wrongful death settlements in homicide cases (much like O.J. Simpson’s case) and in each case parameters of tort law have to apply in order to successfully argue the case in a court room.  In any court case, legal advice is certainly warranted, however, before considering professional help, one must understand what may be ahead in order to successfully defend or prosecute their side of the item in question and knowing a bit about Tort Law certainly will be beneficial. This article will summarize Tort law and help define a few of those parameters for consideration.

            By definition, Tort Law is:  A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.  Generally the person who suffers the damage is known as the plaintiff and the person who is responsible for the cause of injury will be the defendant, and in some cases, both the plaintiff or defendant can be multiple persons, such as class action law suits over bad medications or implants or even goods that saturated a good portion of society such as defective high chairs or safety seats.  Three elements must exist in Tort Law cases, first the plaintiff must determine if the defendant was legally obligated to act in a particular fashion, second, the plaintiff must prove the defendant failed in their legal obligations by failing to conform to that situation and lastly, the plaintiff must prove they suffered the injury due to the actions (or failed actions) of the defendant directly.  Tort based actions are different than breach of contract actions, in that both parties do not need a mutual agreement in order for one side or the other to suffer injury.

Restatement (Second) of Torts (Photo credit: t-dawg)

            As with most Tort cases, damages incurred are a part of the cases settlements and those damages can be categorized into these general areas: compensatory, actual and punitive damages.  Note: the term “actual damage” is relative to compensatory damages, but does NOT include punitive amounts and punitive damages does not necessarily apply to breach of contract disputes, unless the breach was willful, deliberate and wanton, such as deliberately withholding payments from contracts where both parties agreed to certain parameters but the injuring party ignores that contract on purpose for their own needs and does not give the other party notice, stay in contact or give reasonable reason why those parameters have not been met, again determining legal obligation by the injurer should be considered.  Damages can include pain and suffering, future or current medical expense and loss of wages or compensation and while these three items are the most popular arguments, many other facets apply and depending on the type of tort that applies, these damages can vary.  Specific tort application could include items such as assault, battery, negligence, product failures as well as intentionally causing emotional distress, ask a professional if considering pursuing a tort case as they will be better able to assist you in determining the how, when and what in your specific case. 

       

Europees Aansprakelijkheidsrecht (Photo credit: Danny Mekic')

     As a general rule, torts will fall into one of these categories:  intentional (such as assaulting someone), negligence or strict liability (product liability).  Acts of domestic violence or abuse and assault fall into the category of intentional tort as well as criminal law and depending on the severity may call for compensation of the tort variety, such as current or further therapies or medical avenues.  Failing to use good judgment or particular care that would be considered reasonable for anyone and results in injury to another is a negligent act.  For example, if you knew that travelling through a construction site would result in a head injury and you fail to hand over a hard hat or warn the person of the potential for injury, that is a negligent action.  Strict Liability or product liability has its own parameters to consider, such as, was the resulting injury due to the person performing the act (could it be foreseen), the manufacturer of the device or a fluke of nature, each must be considered before attempting to pursue for compensation, again a professional will be able to help clear up any questions.

            As well as what is mentioned in earlier paragraphs, there are also tort laws that may be separate from the general categories, including areas of nuisance, defamation, invasion of privacy and economic tort law.  With the variety of application, consulting professionals will aid in determining where a particular case fits as well as the beginning steps of how to approach a successful day in court.  Nuisance tort can be either public (affecting the general public) or private (affecting individuals), in these cases, the courts may grant injunctive relief as part of the solution if the proposed legal ramifications are not satisfactory.  For example, if a particular case of an obnoxious material were being spewed from a factory, this would be more public than private and if the action was a result of an animal trespassing into a yard affecting only the neighbor, this would fall into private nuisance and while damages may be included, the amounts and success of recovery fall into the hands of the plaintiff as well as the consideration of the court as to what is reasonable.

Caution: not a level surface (Photo credit: lars hammar)

            If pursuing relief under defamation parameters to consider would be: a false statement either written or verbal has occurred regarding a person or company, a publication or communication about that person is received by a third party, fault on the person or company amounting to intent or negligence as well as some harm caused to the recipient of the communicated media, statement or negligent action, this includes liable and slanderous statements.  Tort infractions of this type require that many items may need to be documented and as is the case in every court proceeding, the more accurate and complete the information is, the better the chances of successful application of the law.  Invasion of privacy, a growing concern in our digital world especially when our executive branch states persons who use a cell phone have no reasonable expectation of privacy, is a legal claim that another person or business has used someone’s likeness or unjustifiably invaded the persons private affairs and has caused them specific harm as a result, for example, tapping into someone’s phone conversation IS an invasion of privacy, especially if the parties in the conversation are not aware of the third parties presence, this type of tort also may have some criminal implications.  Note to the public: Consider this approach if you suspect your local law enforcement agencies are listening into or “tracking” you through those conversations, by definition in Tort law it is a CRIME unless those entities have reasonable or probable cause, such as you were talking about committing an act of terrorism or planning a major heist.

  

where I sit for property, civ pro and torts (Photo credit: S.C. Asher)

          In conclusion, Tort law is law that relates to personal infractions or injuries that would otherwise be avoided if the parties affected took reasonable steps to protect or absolve the situation.  Tort laws differ from breach of contract laws because the parties affected do not have to be entered into a mutual agreement. Seeking compensation or damages for the infraction has several parameters to consider, the most important is determining whether the defendant was legally, morally or specifically responsible for preventing the injury, such as labeling hot beverages so the consumer is aware of the consequences of negligent acts.  If considering pursuing a civil litigation where injury occurs, it is very important to consult with a professional as to the specifics of your case and what sections of this law apply, in some cases such as wrongful death or product liability, the burden of proof will dictate what steps to consider in the pursuit of justice.  The concepts of Tort law date back to the earliest founding of our nation, disputes of territory, mining region rights as well as others no doubt had their day in court, the difference between then and now is the digital platform we have to research and obtain helps, rather than onion skin, ink and lots of judicial travel by justice’s of the peace.  Always consider professional advice when pursuing any legal action.

References, Readings and other Interesting links:                

http://legal-dictionary.thefreedictionary.com/Tort+Law

http://www.law.cornell.edu/wex/tort

http://www.tomwbell.com/NetLaw/Ch05/R2ndTorts.html

http://www.law.fsu.edu/journals/lawreview/documents/goldberg.pdf

http://www.lawschool.cornell.edu/research/cornell-law-review/upload/goldberg_zipursky.pdf

http://www.aspenlawschool.com/books/goldberg_tortlaw/default.asp

http://dictionary.reference.com/browse/defamation

http://legal-dictionary.thefreedictionary.com/slander

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Today’s Investigative Special Report August 25, 2012 “Dealing With Today’s Law Enforcement Specialized Investigations” “When Do The Protectors Make The Decision To Protect The Community?”

By Lawrence W. Daly, MSc

The magnitude of civil rightlaw suits against law enforcement officials who are accused of violating citizen’s due process rights has increased exponentially over the past decade. There are a multitude of reasons for the increase in law suits against law enforcement agencies and officials. The target by lawyers who represent the plaintiffs of the law suits identify the lack or inefficient of training and education as the reasons for the violations.

Tom Perez, Assistant Attorney General for Civil Rights, United States Department of Justice, at The City Project Environmental Justice Roundtable, February 25, 2010 (Photo credit: The City Project)

Law enforcement officials who prepare and develop policy and procedure obtain the necessary standards which provide training for the officers who will apply the rules and protocols. Lawyers who review these rules and protocols examine and evaluate the elements of the rules and protocols to determine if the information inputted into the policy is bullet proof i.e. lawful.

A policy which is bullet proof simply means that an intelligent and creative plaintiff’s attorney who can penetrate the legal standards which allow the plaintiff to find financial relief for the alleged civil rights violations. The penetration which occurs just does not occur from the plaintiff’s side of the argument but from the law enforcement agencies and officials attorneys who know how to shield/protect the policies from continually being penetrated and shredded by the legal arguments by the plaintiff’s.

LOS ANGELES, CA - APRIL 26: mother of Trayvon Martin, Sybrina Fulton speaks during a rally at West Los Angeles Church in Christ to mark the two-month anniversary of her son's death as his father Tracy Martin looks on April 26, 2012 in Los Angeles, California. The rally by civil rights groups was expected to draw prominent civil rights leaders and celebrities to address racial profiling. (Image credit: Getty Images via @daylife)

The aggressive stop and frisk practices being instituted by law enforcement agencies across America has presented a significant amount of ‘bullets’ which have penetrated the very fabric of the United States Constitutions. Those who are for racial profiling, which most aggressive communities, law enforcement agencies, and officials seem to be is fundamentally of the belief that in racial profiling there may be some violations of the law i.e. abiding by the Constitution and its safeguards.

Constitution (Photo credit: kalavinka)

The violations of the Constitution seem and possibly should outweigh the positive results that occur when with the proper training and education criminals are either stopped before committing a crime which may have major significance to the community as a whole.

The law suits which are being filed across America deals with some type of racial profiling. Racial profiling targets people of color who look different, act different, may fit previous criminal behavior and actions of individuals who in the past committed crimes which brought about conflict within the community. This aggressive act on those who fit the criminal profile has created major conflicts within the community causing mistrust amongst the citizens and law enforcement.

LOS ANGELES, CA - APRIL 26: Tracy Martin (R) father of slain teen Trayvon Martin, greets Rev. Jesse Jackson during a rally at West Los Angeles Church in Christ to mark the two-month anniversary of Martin's death on April 26, 2012 in Los Angeles, California. The rally by civil rights groups was expected to draw prominent civil rights leaders and celebrities to address racial profiling. (Image credit: Getty Images via @daylife)

The conflict inside the community hampers policing efforts by other police officials who are trying to find a way to demonstrate methods and techniques which directly reduce crime in poverty stricken neighborhoods. Further, in the community losing credibility amongst the citizens who officials are sworn to protect and serve is causing conflicts between those who have grown afraid and concerned of their law enforcement officials.

Racial profiling has prevented a two way communication between the community and law enforcement from occurring. Many citizens shut their doors on law enforcement officials in fear of being harassed and potentially targeted by well-meaning officers who need their assistance to solve crimes.

So how do police train and educate their officials from committing violations of the law, if in deed this is what they are doing, without violating the civil rights of others? Training and educating law enforcement officials comes from teaching them how to do the right thing the first time. Instead of complaining that the focus is on how to cheat or circumvent the system, law enforcement educators are stressing the necessity of understanding the Constitution and how these aspects are vital to conquering crime in their community.

Statistics play a major role in the training and educational system. Statistics demonstrate that given the proper circumstances an individual or group of individuals can be legally detained to determine if committing a crime was the intent of their presence in a specific location in the community.

A store which has been robbed numerous times between the hours of 9 to 11 pm, by individuals who wear blue hoodies, black pants, hang in groups of two to four individuals, are between the ages of 18-25, white, athletic, and are dropped off near the business by a specific dark four door vehicle with tinted windows, may just have the resemblance of a serial robbery gang.

The word resemblance could fit what the community refers to as profiling. Good police work is taking the information obtained from previous crimes and law enforcement reports, compiling the statistics, similarities, method of operandi, and so forth may be profiling but this is how criminals are arrested.

It is when an individual is walking down the street wearing dark clothing, being of an ethnicity other 

Buffalo Law Enforcement Training (Photo credit: U.S. Coast Guard)

than white, acting suspicious by making furtive movements when he/she is observed by law enforcement officials. This is when profiling maybe significant enough according to the official to pay attention to this individual, stop and frisk this individual to determine why he/she is in a specific area.

The police have the right to observe, stop, frisk, and detain any individual who is behaving in a manner which is suspicious in nature, in an area where major crimes have occurred, matching the behavior and conduct of individuals who in matching the description of the alleged perpetrator may be a reasonable and logical conclusion that the individual may have the intent to commit a criminal act.

Law enforcements decision to take action or not take action will benefit from law enforcements training, education, and experience and potentially stop a crime from occurring. However, profiling is not an exact science, but an art which is based upon assumptions, hypothesis, intuition, creativity, innovation, logic, common sense, and many other educated and experience conjectures, which in the past has proven to be   correct.

FBI Director Robert Mueller (Photo credit: Talk Radio News Service)

If the art of profiling is wrong, then a law suit as earlier discussed in this article maybe the result of the law enforcements behavior prior to, during, and after the detaining, releasing, or apprehension of the potential criminal.

The current FBI administration has a presumption that Arabs and Muslims may be terrorists, which places them in a position where they are potentially harassed, embarrassed, denied due process and so forth.  The law enforcement community is encouraged by the Obama administration to aggressively expand the manner in which they deal with non-whites in potential international and domestic terrorist’s situation.

Thi
s attitude has led to hate crimes and racial profiling of those who are living and visiting in America. The potential for another 9/11 situation occurring has and will continue to be on the minds of the law enforcement communities for decades to come.

Law enforcement agencies that fail to aggressively, intelligently, proactively, and competently approach individuals who may be terrorists would be seen as a nemesis in a community where lessons should have been learned over the past decade. President George W. Bush set guidelines for profiling which were put into effect after the 9/11 incidences which have been positively enhanced by law enforcement.

English: Naiz Khan, target of an FBI terror investigation -- Khan is a friend of Najibullah Zazi who was arrested by the FBI in September and charged with conspiracy to use weapons of mass destruction. After Zazi's arrest Khan was targeted by the FBI and NYPD -- Khan alleges racial profiling -- and lost his job as a result. In this image he is speaking at a press conference in Flushing, Queens. (Photo credit: Wikipedia)

The question this author then poses to you the audience is the nature of profiling a good law enforcement method and technique which has proven to stop criminal activity and saved lives, or does the community consider the officials behavior as one which is unacceptable and let the chips lie where they lie? If your answer is to guard the Constitution at any costs, then the value of property and life is secondary in nature and the steps that could and should have been taken will always be second guessed.

In the meantime, lawyers for and against civil liberties need to evaluate just how law enforcement must be trained and educated, where the boundaries should be placed in determining what is reasonable and logical when it comes to profiling, and most importantly where and how the Constitution fits into the entire scheme of things.

There must be a balance in the pursuit of enforcing the laws in America, never stepping over the letter of the law under any circumstances. When the Fathers of this country wrote the Constitution terrorists were not on their minds. However, intrusion by any governmental agency or individual whose sole purpose was to violate one of the Constitutional Amendments were on their minds and this is why the ‘due process’ part of the Constitution was clearly written.

Civil rights, abuse of powers, illegal search and seizures, unlawful detention, and other elements of the Constitution were written to protect the citizens of America.  The need to abide by each Amendment protects each of us from living in a society where the government controls the freedom we so desperately need and respect.

Lawrence W. Daly           

steppingstones.ws

206-650-0229

ld@steppingstones.ws

Puyallup, WA

desperately need and respect. 

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• Today's Investigative Special Report August 23, 2012 "Dealing With Today's Law Enforcement Specialized Investigations" "When A General Order Is Given By A Superior, Should A Law Enforcement Officer's Religious Beliefs Determine If He Should Pull The Trig
• Ariz. Sheriff in Court at Profiling Trial
• Sheriff Joe Arpaio To Take Stand In Racial Profiling Case
• Today's Investigative Special Report July 13, 2012 "Dealing With Today's Law Enforcement Specialized Investigations" "The Victims of Violence Are Not the Only Casualties - But Those on the Front-Lines Responsible For Fighting For Those Victims"
• Today's Investigative Special Report August 5, 2012 "Dealing With Today's Law Enforcement Specialized Investigations" "The Recent Domestic-Terrorists Violence Demonstrates A Need For New Leadership In The Law Enforcement Community?"
• Today's Investigative Special Report August 17, 2012 "Dealing With Today's Law Enforcement Specialized Investigations" "Did Law Enforcement Learn From The Jerry Sandusky Case"
• Today's Investigative Special Report August 21, 2012 "Dealing With Today's Law Enforcement Specialized Investigations" "Will The Jury In The Peterson Case Exonerate Law Enforcement No Matter The Verdict?"
• Today's Investigative Special Report August 18, 2012 "Dealing With Today's Law Enforcement Specialized Investigations" "What Role Has Technology Has Had On Law Enforcement"

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