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COMPARE and contrast the crime control model with the due process model as examples of models criminal justice administration
Crime Control Model of Criminal Justice or the Due Process
COMPARE and contrast the crime control model with the due process model as examples of models criminal justice administration
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In the article, Democracy and Criminal Justice in Cross-National Perspective: From Crime Control to Due Process, it argues that the criminal justice system has changed from using the crime control method to now using the due process method. In order to understand why this issue is important we must first know what the crime control and due process model are. The crime control model is simply a model that says an individual is responsible for themselves. It also protects the rights of law abiding citizens. The crime control model is set up for punishment.
On the other hand, when local police departments use the due process model they emphasize on the treatment of the offender rather than punishing the offender. Their primary focus is doing the right thing granting offenders a fair chance. Offenders are offered treatment programs through community based alternatives rather than incarceration. Community based alternatives would grant offenders the opportunities to several different programs such as pretrial release and diversion, probation, restitution, community service, work release programs, and halfway houses. The interest of the due process model with local police departments are to develop long term solutions for offenders rather than immediately punishing an individual whether guilty or
The due process model stresses law and is designed to “[protect] the rights of individuals and [reserve] punishment for those who unquestionably deserve it… even though some guilty defendants may go free because the evidence against them” is inconclusive (Cole, DeJong, & Smith, 2014, p. 24). Nevertheless, the goal of the crime control model is to repress crime and stress order. This model “values efficient case processing and punishment over the possibility that innocent people might be swept up in the process” (Cole, DeJong, & Smith, 2014, p. 24). “The Brothel Boy” is an example of the crime control model. The natives wanted someone to pay for the crime that was committed, and Police Magistrate Blair felt that pressure.
Common ground between the Crime Control model and the Due Process model provides stability for our criminal justice system. This stability is focused around the rights that are granted to us in the Constitution and the assumptions that are made during the criminal process. The adversary aspect is not as important with the Crime Control Model and the Due Process Model but they do share the common ground that citizens have rights. These rights consist of those given to a suspect upon being arrested, called the Miranda Rights or Miranda warnings.
The absurd cries of young, simpleton girls ignited a series of potentially deadly trials that would soon prove to end fatally for over 20 accused victims. The fact that absurd, superstitious accusations were considered to be sufficient evidence to condemn a victim defines the very contrast of due process.
It provides a “quick efficient method” of handling caseloads and allocates more “prosecutorial resources” efficiently (Guidorizzi, 2013, p. 195). In contrast, the due process model insists on the “prevention and elimination on mistakes” in determining guilt (Packer, 2013, p. 34). The main objective of the crime control model is to repress crime since there is a high volume of cases and not a lot of resources to allocate. For that
Due process is complicated and often misunderstood legal concept, especially as it applies to criminal law. Due process rights are established through the fifth amendment. Due process protection were extended to the states through the fourteenth amendment. The fifth amendment states that" no person shall be deprived of life, liberty, or property without the due process of law".
The goal of the crime control model, as mentioned in the title, is to control crime by making punishments harsher and longer (Dumas, 2015: Week 2). Furthermore, this model seeks to protect the rights of law-abiding citizens only and there is a presumption of guilt of the accused. On the other hand, due process stipulates that the rights of all citizens, criminal or law-abiding, should be protected. Additionally, there is the assumption in accordance with the Canadian Charter of Rights and Freedoms that all Canadian citizens have the right to be presumed innocent until proven guilty (Dumas, 2015:
Since his confession could not be used, Miranda was not convicted. These, although very different, cases both support that due process holds the upmost importance in
The reason that due process is so important in the American criminal justice system is because it is a social justice a belief of right and wrong. Due process is based on the 5th, 6th and 14th Amendments, the constitutional amendments are to make sure that a person cannot be accused of a crime without a grand jury investigation, they have the right to an attorney and a person should not be deprived of life. For example if a person was being accused of robbery but there was no evidence that this person did the crime he/she would need to be represented by an attorney to plead their innocence than the case would be taken in front of a jury for them to deliberate on whether this person should be found guilty
A comparison between the Due process model and crime control model Within the criminal justice system, there are two competing models: the crime control model and the due process model. These two models were constructed by Robert Packer and each represents a particular school of thought. In managing crime, there is the individual i.e. the suspect and there is the society. The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice.
The objective of this assignment is to describe due process and crime control. Due process consists of a citizen’s right to have unbiased treatment in the judicial system. Due process law contains the 4th, 5th, 6th, 8th and the 14th amendment. The fifth and fourteen amendment states that the government shall not deny anyone of life, liberty, or property, without due process of law (Harr, Hess & Orthmann, 2012). The fourth amendment protects individuals from unreasonable search and seizures.
In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.
