Police v Darby: The Balance of Rights in Society
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The criminal justice system must balance the rights of the individual with the needs and standards of society. This is a difficult task as the wishes of the individual and the standards of the community are not always consistent. The recent case Police v Darby is a key example where the needs of society and social standards are conflicting with individual rights. The recent case of Police v Darby outlines this clash clearly. Glen Darby the defendant was charged with possession of cannabis. He was walking in a group of about 40, and had just exited an Oxford Street nightclub....
the community against drugs. In this particular clash society has come out on top. The legislation has taken away individuals privacy and increased places where searches for drugs can take place.
the community against drugs. In this particular clash society has come out on top. The legislation has taken away individuals privacy and increased places where searches for drugs can take place.
The case of Police v Darby particularly shows the increasing tension in society between the rights of the individual and society. People in all areas of the law are loosing their freedoms not only because of the harsher punishments and increasing police powers but also because of the fear of litigation. I medium must be met where both the freedom of the individual can coincide with societies standards.
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