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.
Here, the primary focus is on the offender. The two components that social control agencies do is punish and treat the convicted felons. Ultimately, these agencies were created to help, but the effect of creating this involvement is rather harmful. Patrons of this perspective believe that justice agencies should lessen their engagement with the criminal. Noninterventionists also disapprove of the labels that agencies and society gives the offender.
The reason O.J. was found not guilty of murder and acquitted in criminal court, but found guilty of the tort of harm and ordered to pay damages in the civil court lies in the structure of our legal system, in regards to criminal cases and civil cases. The distinct difference between criminal cases and civil cases provides further explanation regarding the O.J. Simpson case. Criminal cases deal with crimes against society.
Laws define what is criminal, but it is up to the criminal justice system, and those who work within it, to interpret those laws when dealing out punishments (Goff, 2013: 29). Procedural law on the other hand, is how those laws defined in substantive criminal law get enforced. It is the criminal justice processes that an offender goes through, and includes safeguards to protect the accused as they make their way through these processes (rules of evidence, law of search and seizure, and right to counsel are the examples given). Procedural criminal law is often referred to as due process, but in the Charter of Rights and
The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the
One of the purposes of sentencing is to protect the public from those who harm it. That is the reason for the “three strikes rule” meaning that if you are a convicted felon and have prosecuted for two felonies, the third time you incur a felony you will receive a harsh punishment. And that is the way it should be if you keep doing the same thing over and over that you have punished for it means you aren’t going to
The goal is to stimulate discussion on differences between modernist and postmodernist thinkers in criminology and law (“NCJRS abstract - national criminal justice reference service,” 1997). They have argued against any broad, general theory on anything, at best suggesting that local people everywhere need to develop their own definitions of their experiences to work out their own methods of resistance to oppression. Postmodern criminologists are concerned with the production of meaning in the area of crime. They argue that such meaning is co-produced by those who engage in crime, those who try to control it and those who study it. They define crime as the power to create pain or harm in any context, so that law is not just a definer of crime, it is also the maker of crime.
The first step of the criminal justice system is the execution of a crime. A lot of variation can happen here, because some victims of crime do not report the crime immediately, or they do not realize they are a victim of crime until later. Also, some crimes may not have witnesses, which can lead to a crime not being reported as well. This is a great example to show why the discretionary model is so useful in the criminal justice system, because with so much variation in crime there needs to be a foundation laid down to guide the case in the right path. After the committing of a crime the law starts to get involved.
For example, the court can’t give the same punishment to someone who stole a CD and someone who killed a person. Lastly, the 8th Amendment gives no cruel punishments. It helps to give punishments that fit the crimes. Which, protect people from government
The relationships shape a person’s behavior and seeks to identify those features of a person’s personality and of the environment that keeps a person from committing a crime (Schmalleger, 2012). Social control theory predicts that when social constrains on antisocial behavior are weakened or are absent, delinquent behavior will happen. Social control asks why people obey rules instead of breaking them. Social control does not stress causative factors in criminal behavior (Schmalleger, 2012). Social control theory tries to find and identify features of personality and the environment that keep people from committing crimes.
1. The role of the criminal prosecutor is to prove that that defendant is truly guilty. It is there job to look at all the evidence that is available and use that evidence to show why it is true that that person committed the crime so that they are prosecuted the way that they need to be. The job of the criminal defense attorney is to look at all the evidence that the prosecutor is bringing forth and to show why that evidence is not reliable or does not have any proof that it is linked to the person being accused of the crimes. It is their job to try to keep the accused person from being sentenced.
While if an officer violates a convicted individuals rights and the defense does not present the violation in the trial, then this individual was misrepresented and both the defense attorney and officer should be punished. In 1963, Brady v. Maryland was established by the Supreme Court, which required the prosecutor to hand over to the defense exculpatory evidence. This allowed for the defense to gain evidence which pointed towards the innocence of the defendant. According to Brady v. Maryland 373 U.S. 83 the primary holding stated that, “withholding of evidence that is
A question that many would like to believe is properly answered by judges, jurors, and attorneys. But unfortunately, that is not the case. I will be elaborating on a specific case that will emphasize on how our justice system can truly be biased. The criminal justice system is comprised of three major institutions which process a case from inception, through trial, to punishment. A case begins with law enforcement officials, who investigate a crime and gather the evidence to identify and use against the presumed perpetrator.
In the Criminal Justice system and in particular trial courts, witnesses` give testimony when taking the stand. There are several types of witnesses`, Lay witness, Expert witness, and Law Enforcement witness. Witnesses’ give an account or testimony of the facts and issues in a trial (findlaw.com). An ordinary witness in a criminal court case is referred to as a “Lay Witness”. A Lay witness has first-hand knowledge about matters relevant to the case and their testimony, and or opinion is subject to the applicable rules of evidence (uslegal.com).
It is assured that the fundamental purpose for our criminal law is to prevent crime, punish offenders, assist and protect. However, there are abounding cases where criminal law has punished a convict who was proved innocent . A conviction is necessary to display the order they obtain to keep people safe in society. If a criminal was not caught the people would look down upon the system. In many cases, the deputy will arrest an individual who seems to fit a certain description that they know will lead to an arrest.