Law as a Living Body
Laws in America are constantly changing. With the changes that America has the laws do not get updated with the change of time. These laws are no longer enforced because they do not seem as bad with the changes in society. There are three phases that America operates its legal system. Law as a living body, Due process and protecting the rights of the accused. Laws are considered a living body because the laws have been changed and interpreted differently in different cases that laws have become like a living body. The living human body evolves and grows with time.
The body adapts to the changes in society as does the law. Law on the books refers to the written laws. Law in action refers to the laws that are actively being used and punishable for. For example, in some states Adultery is against the law but is rarely enforced. This means the law of adultery is a law on the books not a law in action. A law in Action is a law such as sex abuse that is often enforced in every state. Objectivity of law is how and where the laws are made and interpreted. Legislatures create basic laws where judges and juries can interpret them.
The living body theory refers to the way laws are constantly changing and evolving like a human body. The human body evolves and changes with the times. Due process is best defined in one word, fairness. Throughout the U. S. ‘s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.
In 1791, our Fifth Amendment rights protected all individuals, American born and immigrants, basic protection from the federal government regarding civil rights violations. The positives of due process are that a person must be proven guilty not proven innocent in the court of law. If the Officers that are investigated and prosecuting a person of a crime do not fallow the laws of due process from the very beginning to the end the case may be dismissed from court. The negatives of due process are that even a guilty person may be let free if due process laws are not fallowed correctly.
Another negative is that due process focuses on the rights as individuals rather than on society as a whole. Prior to the attacks on 09/11/2001, Individuals were protected by the 4th amendment. The fourth amendment protects citizens from unreasonable searches and seizures. Law enforcement needed to have probable cause to gain a search warrant. President Bush passed the patriot act, allowing law enforcement the right to search or seize telephones, computers, medical information or financial records on any person who is suspected of terrorism.
With the Patriot act probable cause is no longer needed if a person is suspected of terrorism. The Due process of Law was created to protect the rights of those accused of committing a crime. Some of these laws date to 100 years ago and some are new laws that were developed as a result of historical court cases. Cases such as, the fourth amendment, this protects all individuals from illegal search and seizures (Mapp v. Ohio, 1961) Our fifth amendment protects individuals from self-incrimination, (Miranda v. Arizona, 1966)
And the sixth amendment protects us from being interrogated without a counsel present (Escobedo v. Illinois, 1964) Law as a living body is constantly changing and will continue to grow with the change in times. We are still protected as citizens with the changes in society. Our rights as well as the rights of others will continue to be a priority in law enforcement. Law enforcement is meant to protect society from crime, not to cause it by not valuing the rights of citizens. As society changes, the laws will too.
