Disaster Management

Disaster Management

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Institution:

Disaster Management

Constituents within the fourth and fifth amendments of the Constitution of the United States not only help law enforcement officers in the efficient execution of their official duties, but they are also helpful in disaster management from a local and national perspective. This legal modification is part of the Bill of Rights constituted in the American constitution (Hunter, 2009). It forbids unwarranted investigations and abductions. Nonetheless, there are certain elements that justify such searches. For instance, law enforcement personnel have the right to analyze medical records without the use of judicial warrants. They use formal documents offered by a court of law authorizing an individual or representative of an institution to appear before a federal agency or law court in order to provide the required testimony.

One of the agencies involved in disaster management, which uses the stipulations within the Fourth Amendment is the American fire department. In the case of a fire tragedy, the personnel of this institution have the right to enter private properties of the American citizens with the aim of protecting them from existing or potential tragedies. These officers do not have to obtain a warrant from a court of law or any other federal agency in order to gain entry into these properties. These provisions are part of the exigent circumstances included in the Fourth Amendment of the Constitution of the United States. According to the elements within this amendment, situations that may result in loss of life, intense destruction of property, or interference of existing evidence do not require search warrants (Alderman & Kennedy, 2008). The argument related to exigent circumstances is the time required to attain approval from a law court to search such areas.

Another essential legal modification that relates to disaster management is the Fifth Amendment of the Constitution for the United States. This section within the Bill of Rights includes such elements as the illegalization of actions by federal agencies that exhibit double jeopardy against suspected criminals. It also includes the right to a grand jury before the attainment of a verdict against a suspect. Other aspects include the prohibition of forced self-incrimination and the right accorded to all American citizens regarding the appropriate procedure in accordance to the legal provisions (Lewis, 2002). Based on these elements, the law enforcement personnel in various federal departments conduct detailed investigations before charging a suspected criminal. Additionally, tragedy victims attain significant compensation from the centralized government as stipulated in the Fifth Amendment.

One of the situations, which involve aspects within this legal provision, is Hurricane Katrina. This disastrous event led to the death of a large number of people as well as severe destruction of property. One of the measures employed by the authorities related to disaster management is the forceful evacuation of the inhabitants of New Orleans. Nonetheless, some parties argue that this process is a violation of the elements documented in the Fifth Amendment regarding the right to a due process. According to the Fifth Amendment, every American citizen has the right to liberty and ownership of property. For this reason, the victims of the Hurricane Katrina ought to acquire substantial compensation from the federal government. Nonetheless, the amount of compensation regarded as reasonable by the victims and other relevant stakeholders is debatable. This argument indicates the relevance of the Fifth Amendment in effective disaster management by various federal agencies in the United States.

References

Alderman, E., & Kennedy, C. (2008). In Our Defense: The Bill of Rights in Action. Paw Prints.

Hunter, N. D. (2009). The law of emergencies: Public health and disaster management. Burlington, MA: Butterworth-Heinemann.

Lewis, T. T. (2002). The Bill of Rights. Pasadena, CA: Salem Press.