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 principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
He also continued to engage in criminal acts even while on parole. These are clear indications of poor self-control. Another aspect of this theory is the effect child rearing can have on self-control. Gottfredson and Hirschi believed that there was a strong correlation between parental control and self-control. They also identified a link between the self-control of the parent and the subsequent self-control of the child (Cullen, 2014).
A person generally knows what society accepts as right and wrong by the time they are a teenager. They also know that violating those societal values has certain punishments. Juveniles are not so smart to not exploit their age as a way of abrogating their responsibility for their actions. It appears that our justice system has bought into that particular fallacy. It is my opinion that when a person is mentally capable of understanding both the law and morality that they are capable of being, and should be, tried as an adult.
It seemed luxurious in regards to jail living quarters. I believe, that the positive and negative differences I noticed are necessary for the Juvenile Detention Center. These juveniles are there because they have committed criminal offenses that require them to be locked up. But, the purpose and main goal of juvenile corrections are focused on rehabilitation. I think that this facility provides the right amount of correction and rehabilitation to try and guide these juveniles to a better path in life.
One of the main issues of the Psychopathic Checklist (PCL-R) is that it is very subject and therefore can be easily misused. Although any test can be misused, the Psychopathic Checklist (PCL-R) has a higher risk of being misused due to its extreme subjectivity. A psychologist did investigate the issue of misusing the Psychopathic Checklist (PCL-R) and found two real-life examples of such incidents (Edens, 2001; Edens et al., 2001). Mental health experts play an important role in many cases involving suspects with antisocial personality behaviour. Therefore, it is important that issues such as adversarial allegiance, conformation bias and the impact of the traits, culture and background of the evaluator has on the outcome of the test are discussed in the
Juveniles aren’t completely ignorant as everyone seems to think. In fact they are quite clever. If juveniles are capable of committing heinous crimes who knows what else they are capable of. Yet not all crimes juveniles execute aren’t evil crimes and should not be treated in such a harsh way. Juveniles should be tried as
a. Yes, I do believe that juvenile sex offenders should have to register as a sex offender after they become adults. One of the reasons I say this is because adults who are registered are given a stronger procedural safeguards then that of juveniles. Moreover, due to a desire for revenge by others, many juveniles who are registered are put at a severe risk of injury, regardless of the offenders’ risk level to the surrounding area. Lastly, in the example of the Illinois sexting case, making them register as an adult can be less expensive if it results in programs that put juveniles under supervision instead of sex offender status then is may be cheaper to maintain.
Although bullying etiology is well documented, there may well be a direct link between delinquency and bullying (Moon, Hwang, McCluskey, 2011). The subject matter of delinquency among adolescents is well researched among criminological theorists, but more importantly, there is at least some belief that criminological theory may be able to explain causations of bullying (Moon, Hwang, McCluskey, 2011). Perhaps bullies are made as a result of learned behavior, victimization, strenuous environments, or other reasons. Some of the theoretical research on crime may in fact supplement the research that is already known about
There are indication that most criminals have a juvenile records in the US, indicating that crime manifests from a tender age. Therefore, to reverse the incidence of crime, it follows that the best strategy is to reduce the criminal orientation in the juvenile offenders as opposed to hardening them and preparing them for criminal careers. The case of the Crossroads Juvenile Center demonstrates the willingness of the juvenile justice systems to make these changes on the children. References Day, S. (2014). Runaway Man: A Journey Back to Hope.
After taking in and considering all three variables, an individual decides to violate the law based on the benefits of the crime. Most juveniles or children are considered to be rational decision makers when it comes to committing crimes (Welsh Siegel,64).They weigh in whether they believe what they do will be noticed by guardians and choose where to commit crimes (Welsh Siegel, 64). Potential lawbreakers look for easy targets before striking. When there are more teenagers willing to commit a crime than there are activities, the number of willing teens ready to commit a crime tends to increase (Welsh Siegel, 65). Name of second theory
Because of this, a law was changed so that juveniles could be tried as adults with serious crimes. In conclusion, murder is no petty or misdemeanor. Murder is a felony. “The juvenile court system was designed to deal with petty crimes. Today, teen offenders commit serious violent crimes.
Suspects commit crimes and often the victims are left wondering why the suspect’s rights seem to be more important than those of the victim. It does seem like an unfair game, the bully gets afforded everything, the victim left to suffer. In order for the justice system of the United States to stay the most balanced and civil rights friendly system in the world; suspects’ rights have to be respected and guarded so chaos doesn’t take over. Police officers through the years have gotten better with training and experience, guidance by prosecutors, and increased motivations to “do the right thing” to ensure suspects are processed correctly, and interrogated within the constraints of the U.S. Constitution. Seeing a conviction through to the end, the suspect afforded all protections under the law, and the victims seeing closure is the ultimate testament to how far law enforcement interrogations have come since Miranda.
I think that the court systems should have a little more power when it comes to choosing due process or criminal control. If the person is a first time offender and it is a small crime then I think they should have the right to defend themselves. On the other hand if the person is being prosecuted for the second or more time for the same type of offense or if it was an offense that is very bad then I feel that they need to be punished for the crimes that they have committed. I do believe that there should be balance because not all court cases need to be dealt with to the extreme of punishments but then there are some cases and individuals that never seem to learn so they need to be dealt with in a different way to deter them and others from committing those same
Although the Youth Offender Act contained many sentencing options, the Youth Criminal justice Act contained many new provisions and much more concise detail and instructions on the options that were already in effect. The improvements made in the YCJA lead to a better understanding of the differences between a non-violent crime and non-severe crime and violent or severe crime, these terms very important because sentencing has influenced these factors. To demonstrate the importance of these terms and how severe the sentencing was under the Yong Offenders Act, when the Department of justice released the Youth Criminal Justice Act: Summary and Background (2009), they stated that under the effect of the YOA: “The youth incarceration rate is higher than the adult incarceration rate in Canada” (Youth Sentences). This information is a Clear demonstration of how important the Youth Criminal Justice Act has become for
When this report refers to the juvenile justice system, it is referring to a generic framework that is more or less representative of what happens in any given state. The due process model concentrates less on the speed and determination of a case and more on the well ordered examination of individual due process rights given to the criminal respondent. As you find out about these models, it would be very helpful to get comfortable with the criminal equity handle, or the stream of a case through the criminal equity