JUDICIAL ATTEMPTS TO CONTROL POLICE BEHAVIOR IN THE UNITED STATES OF AMERICA

Yasmeen Yousif Pardesi, Aftab Ahmed Mangi, M. Yousif Pardesi

Abstract


This research paper highlights the implications of judicial attempts to control police behavior in the United States of America. The discussion in this paper revolves around the general nature of ‘exclusionary rules’ discerned by the judicial decisions viz: Mapp vs Ohio (1961) where by the discretionary behavior of  the  police  is scrutinized in detail. The consequent conduct and control of the judiciary in determining the constitutional framework for the police force as a ‘safety value’ for the ‘constitutional rights’ of the individuals, soliciting the warrants and/or judicial custody. The paper traces the historical evolution of the police force over the years, the comparative analysis of different police forces, and gradual emergence of jury system in the United States of America. The behavioral and structural reforms of the police force through the gradual development of the judicial system to check the discretionary powers exercised by police in the United States have been at the forefront of making sure that the individual liberties are not violated, since it’s the important constitutional requirement on the part of the executive, legislative and the judiciary to collectively share  that  burden. This  research  paper  discusses  the  attempts on the part of  the  judiciary  to  confine the limits of the police behavior through constitutional means and within the context of its historical development. According to the constitution of the United States of America no branch of the state would have unbridled powers, and hence there ought to be effective mechanism of checks and balances. Although the Fourth Amendment provides that, “the right of the people to be secure against unreasonable searches and seizures, shall not be violated” defendants involved in criminal prosecutions in state courts have not always been able to exclude illegal obtained evidence. Hence having the judicial control on the unrestrained powers of police through Mapp vs Ohio decision, and Blazac vs Porto Rico decision to strengthen the jury system in the United States of America are the classis examples of ensuring individual liberty. Thus these notions are pivot of this research paper. 


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