The theft of identity in any particular country is treated equally as theft in the criminal court of justice (Gordon et al, 2007). The main purpose of this paper is to actually examine the involvement of the identity theft. Therefore, I will explain the rights of the accused which involves the identity theft. In addition, the author, who is I the researcher, will actually search the various resources including the resources and the internet for the federal laws and also the laws in the State of California. I will also provide the details of the recent changes in these laws over the past years.
One thing that is very clear from the trustworthy and reliable sources is that identity crime is actually a crime like any other that will qualify to be considered a crime. This crime refers to a situation where an individual applies someone else’s personal information instead of their own true and honest information. An example of such information include the driver license, date of birth, the one’s name, social security number, use of the insurance cards and many more of these.
All these details are actually illegal and it is for sure a crime like any other crime that in the court of law will be termed as just crime (Gordon et al, 2007). Whenever the identity crime is mentioned anywhere in the current world, majority of the people always think about only the financial crimes, or the stolen credit cards or even using the social security numbers in order to benefit someone in the financial aspe...
ct. However, many are other elements of this kind of crime which do not actually involve the causing of the monetary damages (Gordon et al, 2007).
It is obviously wrong and being dishonest to actually use someone’s details that do not even look similar to yours in order to give way to your interests. The reason for this is simply because it is unethical and dishonest. If we accommodate this kind of theft, then what will happen in the many years to come is that many people will actually come to dilute the honesty and the authenticity of the true verification of an individual (Romanosky et al, 2011). People will just forge their identity and then the quality of the job and the performance in the many areas of life will go very low. In the end, then it will be wastage of the knowledge and the skills that people have invested in one particular individual to cheat on others.
Over the last years, the laws that concern identity theft have actually changed. The constitution and the federal laws are actually a bit strict on this matter. There are very strict rules in the governance of many countries concerning identity theft. This is probably because the countries and many nations have realized and discovered that it is a serious matter that brings about watering down of the efforts and the objectives that a particular society has set in order to ensure there is progress in the development of the economy and social life (Romanosky et al, 2011).
In the recent years, the court has actually hel
that practically all criminal procedural does guarantee of Bill of Rights. The fourth, the fifth, sixth and also the eighth amendments are actually the fundamental to the state criminal justice systems and which the absence of one or another particular guarantees the denials of a suspect or defendant because of the process of the law under fourteenth amendment. In addition, the current court has actually held this due clause process protects against policies and the practices that violate the precepts of the fundamental fairness, even if the precepts do not actually violate the specific guarantees of the known Bill of Rights (Romanosky et al, 2011).
The due process in the fourteenth amendment can actually be divided into two major categories: the procedural due process and the substantive due process. The procedural due process, on the basis of the principles and the fundamentals of the fairness, it addresses that legal procedures are needed to actually be obeyed in the state proceedings (Nelson, 2009). The relevant issues include notice, confrontation, opportunity for hearing and the cross examination.
Others are like basis of decision, availability of counsel and discovery. The substantive due process while also is based on the principles of the fundamental fairness is also used for evaluation on whether a law can be fairly applied by all the states. This is regardless of the followed procedures. This substantive due process has in general dealt with the specific subject areas like the identity crime. It has over time been realized that it has emphasized the economic and the authenticity of life.
This sixth amendment to the US constitution is that part of the Bill of Rights which sets forth the rights that are related to the criminal prosecutions (Nelson, 2009). The United States Supreme Court has actually applied the protections of such an amendment to this States via the due process of fourteenth Amendment.
In every criminal prosecutions, the person who is accused will actually enjoy the right to speedy and to public trial, by impartial jury of State and the district where the crime will have been committed, that district will have been previously ascertained by the law, and also to be informed of this nature and the cause of accusation; and to be confronted with witnesses against the accused. The law allows him, the accused, to have compulsory process of obtaining the witnesses in his or her favour, and also to have Assistance of the Counsel for defence (Nelson, 2009).
In general therefore, it is very clear that identity crime is a crime like any other. In the constitution and the federal laws, it has been clearly outlined that it should be treated with the seriousness that any other crime is dealt with. However, the accused is also under the protection of the law and they have the right to be protected by the law just like any other. The Fourteenth Amendment outlines the fundamental fairness and equal protection to every individual citizen, whether he is guilty of identity crime or any other crime.