GPS Tracking

GPS Tracking

On January 2012, the court made a ruling requiring law enforcement agency to get a warrant in order to use GPS to track a criminal. This ruling has restricted the ability of law enforcement agencies to use GPS devices to monitor suspects. The court argued that this move was directed towards protecting the right to privacy of individuals.

Based on the due process model I agree with the decision of the court to restrict the use of GPS in tracking suspect. Use of GPS is bound to undermine individuals’ right to privacy, which has been guaranteed by the constitution (Hall, 2011). The due process model suggests that the justice system should be focused on safeguard the fundamental rights and individuals freedom. This model place more emphasis on protecting individual liberties that have been guaranteed by the law. One of these fundamental rights is right to privacy. Failure to restrict use of GPS undermines individuals’ rights to privacy (Hall, 2011). It permits law enforcement agency to intrude into individuals lives without justifiable reasons. Restricting the use of GPS will help protect the misuse of GPS to violate people life.

The argument advanced in the due process model is contrary to the principles that form the basis criminal control model. This model suggests that the justice system should focus on fighting crime (Hall, 2011). It views violation of fundamental rights and freedom in the process of fighting crime as collateral damage that is acceptable. The proponent of the criminal control model may argue that restricting the use of GPS will enable a large number of criminal to escape the justice system. However, according to the due process model, it is better to have five criminals escaping the law but ensure that the right of the innocent is protected (Hall, 2011). The due process model does not consider any form of violation of fundamental rights and freedom as acceptable.

Reference

Hall D. (2011). “Criminal Law and Procedure”. USA. Cengage Learning

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