ThePublic Law and Human Rights
Accordingto Davis,H. (2009), thepublic law and human rights incidences are regularly under the checkof legal provisions, and they assist to equate the interests of theindividual with those of the state. Problems may arise in any factualcontext at making a decision that impacts on the rights, immunitiesor liabilities of the people(Evans, C. (2008).Percy is a victim of these incidences, and he needs to know whatrights he is entitled to so that he can avoid such a situationreoccurring in the future. Public law entails constitutional law,administrative law, tax law and criminal law and includes allprocedural requirements(Merritt, J. (2010).Provisions for individual relationships are located under the privatelaw(Ewing, K. (2010).
Amajor crime had been committed in the public library which demandedthe federal law to intervene. Smith,R. (2009) indicates thatthere are those private rights that protect the individual’sinterests. Percy wore some suspicious types of clothing and walkedalone in the night. His kind of outfit resembled that of the locallibrary thief. It is very easy to identify the character of a personbased on what they wear(Ewing, K. (2010).The kind of outfit he had resulted in his getting caught up in a caseof mistaken identity. The police officer, having seen Percy ambushedhim and intended to make an arrest.
Hedid not assess his suspects other physical traits and only resultedin his decision of stopping him basing on what he wore. Here Percycould have used his right to immunity against arbitrary search, buthe hesitated. His panic led to the police officer confirming hisdoubts.
Incases with high sensitivity, one should demand the observation of hisrights and ask the police officer to observe protocol and make hisarrest(김병수,(2008).Thelaw-enforcement officer was in civilian clothes. Therefore, it wouldbe hard to verify if at all he was a legit police officer or justanother person. Before he even thought of anything else, Percy shouldhave asked for the proper identification of the police officer andasked for his search warrant. In spite of the sensitivity of thesituation in which he was caught up in many of his human rights wereviolated.
AccordingtoSmith, R. (2009),before any arrests are made, proper explanation of a person’smistakes should be clearly stated before him and his rights read tohim. Percy did not bother to enquire about his mistake and instead hejust freely agreed to be searched. When arrested the suspects areentitled to the right of representation by a lawyer(Evans, C. (2008).This right was denied to Percy. If he knew why a police officer wasprobing him, he may have cleared the mystery about the situation andknow on the best approach to handle such a situation. Instead, hewent into a panic, and this only made him look guilty as charged.
Stayingcalm and allowing the officer to finish up on his search may renderone clean and the officer would let the person go(Halstead, P. (2013).Instead, he hit the officer with his plastic parrot and proceeded torun away towards his house. This way he was even exposing himselffurther as that would have brought the whole police crew to searchhis premises in and out. Assaulting a police officer only adds weightto suspects mistakes(Fenwick, H. & Philipson, G. (2012).
Percyshould sue PC Jack on the count of several offenses that he causedhim. First was that on arresting Percy without allowing him time tocall his lawyer. It is the right of every citizen to obtain anattorney to assist them in times they have civil suits(Shorts, E. & De Than, C. (2009).PC Jack also searched Percy without providing the warranty from acourt that gave him the permission to do that. That was a seriousviolation of his rights to privacy.
Duringthe time of arrest, a suspect should be treated as innocent untilenough evidence comes up proving that he is guilty(Fenwick, H. & Philipson, G. (2012).The officer Jack approached Percy as though he was already aconvicted culprit. The case he was bound to handle was a criminaltrial which required more than the evidence he had to preventincidents of arresting innocent identical to the suspect. Heconfirmed this through his shouting that people stop the thief,leading to a passerby throwing a stone at him which hurt him verybadly.
AccordingtoMerritt, J. (2010),the police have no mandate to involve the civilians in their arrestof suspects. By doing so, the officer put other civilians in dangeras they are barely trained on how to handle such kind of operations.They also don’t know the appropriate approaches to make the arrest,and this is what led to Rodger picking up a stone and casting it athim.
WhenRodger threw a rock that ended up hurting Percy so badly, he violatedPercy’s rights under the tort law. He should file a civil suitagainst Rodger claiming for his compensation against Rodger’sactions. A tort is a civil mistake done to another person and resultsin harm or property destruction. It usually involves monetarycompensation to the hurt victim(Fenwick, H. & Philipson, G. (2012).
PCjack arrested Percy for obstruction and assaulting a police officerin the execution of his duty. This reason was not the proper reasonto warranty Percy’s arrest. First, the officer was not in hisregular outfit, but he wore a civilian outfit. It would have beenhard even for Percy to know if he was a law enforcing officer. PCJack may have been off duty and spotted the suspiciously dressed man.Therefore he made the wrong arrest account, and Percy should havebeen well aware of that. In his arrest statement he also wrongfullynoted that Percy barred arrest. As far as the setting, Percy was wellcollaborative till the officer started to search Percy in his hairwhich made him react violently by hitting the officer.
Insteadof holding his silence and letting suspicion run wild, Percy shouldhave provided detailed evidence for his mode of dressing. A simpleexplanation that he was from a fancy dressing event could have savedhim trouble. Further evidence was that of carrying food from theparty. He never enquired on what was being searched for, and he endedup behind bars only to realize later that there had been theft in thelocal museum where a diamond had been stolen.
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Ewing,K. (2010). Bonfireof the liberties.Oxford: Oxford University Press.
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