In every society in history, Frank points out, those who administer the criminal justice system have power with the potential for abuse and tyranny. In the name of the state, people have been imprisoned, their property confiscated, tortured, exiled and executed without legal justification – and often without any formal charge. No democratic society can tolerate such abuses. In parallel with the development of human rights-based policing approaches, law enforcement in democratic societies is increasingly defined by the term „democratic policing“. Although the concept was used in academic and political circles in the late 1990s (Marenin, 1998, Skolnick, 1999), „democratic policing“ came to the forefront of police literature and research with David Bayley`s seminal report (2001), which spelled out key principles for democratic policing. 13): The basic tasks of the prosecutor include the basic legal activities of the office, the handling of cases from admission and review at the preliminary hearing, the indictment, the plea hearing, the main hearing, the appeal and the final order. The prosecutor examines the facts of a situation submitted to him and then decides, at his discretion, what further measures, if any, should be taken. The prosecutor may decide to initiate or maintain a criminal complaint; order the continuation of the investigation; use one of the many possible alternatives to formal prosecution; The prosecutor may also dismiss the case completely. THE RULE OF LAW Equality and the law The right to equality before the law, or equal protection of the law, as often formulated, is fundamental to any just and democratic society. Whether rich or poor, majority or religious, political allies of the State or opponents, all are entitled to equal protection of the law.
The democratic state cannot guarantee that life treats everyone equally, and it has no responsibility to do so. Constitutional scholar John P. However, Frank writes: „Under no circumstances should the state impose additional inequalities; It should be obliged to treat on an equal footing with all its inhabitants. No one is above the law, which is, after all, the creation of the people, not something imposed on them. The citizens of a democracy submit to the law because they realize that they are submitting, albeit indirectly, to themselves as legislators. When laws are made by the people, who must then obey them, law and democracy are served. In every society in history, Frank points out, those who administer the criminal justice system have power with the potential for abuse and tyranny. In the name of the state, people have been imprisoned, their property confiscated, tortured, exiled and executed without legal justification – and often without any formal charge.
No democratic society can tolerate such abuses. Each state must have the power to maintain order and punish criminal acts, but the rules and procedures by which the state applies its laws must be public and explicit, not secret, arbitrary or politically manipulative by the state. What are the essential requirements for due process in a democracy? No one can be broken into and searched by the police without a court order proving that there is a valid reason for such a search. The midnight stroke of the secret police has no place in a democracy. No one may be detained without explicit written charges specifying the alleged violation. Not only do individuals have the right to know the exact nature of the charges against them, but they must also be released immediately, according to the doctrine of habeas corpus, if the court finds that the charge is unjustified or that the arrest is invalid. People accused of a crime should not be held in prison for long periods of time. They have the right to a speedy and public trial and to confront and question their accusers. Authorities are required to grant the accused bail or parole until trial if there is little chance that the suspect will flee or commit other crimes.
„Cruel and unusual“ punishment, as determined by the traditions and laws of society, is prohibited. People cannot be forced to be witnesses against themselves. This prohibition of involuntary self-incrimination must be absolute. Consequently, the police may under no circumstances use torture or physical or psychological violence against suspects. A legal system that immediately prohibits confessions obtained under duress reduces police incentives to use torture, threats, or other forms of abuse to obtain information, as the court will not allow such information to be presented as evidence at trial. People are not doubly at risk; That is, they cannot be charged twice for the same crime. Anyone convicted by a court and found not guilty can never again be charged with the same crime. Because of their potential for abuse by the authorities, so-called ex post facto laws are also prohibited. These are laws that are enacted retrospectively so that a person can be charged with a crime even if the act was not illegal at the time it occurred. Defendants may enjoy additional protection against coercive measures taken by the State.
In the United States, for example, defendants have the right to a lawyer to represent them at all stages of criminal proceedings, even if they cannot pay for this legal representation themselves. The police must also inform suspects of their rights at the time of arrest, including the right to a lawyer and the right to remain silent (to avoid self-incrimination). A common tactic of tyranny is to accuse opponents of the government of treason. For this reason, the crime of treason must be carefully limited in definition so that it cannot be used as a weapon to stifle criticism of the government. None of these restrictions means that the state does not have the power to enforce the law and punish violators.