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Criminal Justice System In The Brothel Boy By Norval Morris

983 Words4 Pages

“The Brothel Boy” is a short written by Norval Morris concerning a young, mentally incompetent boy who has been accused of rape resulting in the death of a young girl. Assistant Police Magistrate Blair must investigate the case and impose justice on the perpetrator (Morris, 1992). The case surrounding the brothel boy highlights many aspects of the criminal justice system in regard to the essence of the crime committed, the motivation behind the crime, and the prosecution process. The criminal justice system often distinguishes between two types of offenses: mala prohibita and mala in se. Offences like prostitution and gambling that are not necessarily wrong in nature, but are prohibited by law are considered mala prohibita. In contrast, crimes …show more content…

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. Because the brothel boy was already presumed guilty by everyone in the town, Blair felt obligated to punish him despite the fact that his actions may have been excusable due to his upbringing and state of mind. Although Blair did try to obtain evidence from those who knew the brothel boy, he did not prove without a reasonable doubt that the boy was guilty of the crime. Blair wanted “finality” and to “achieve liberty for all citizens” at the expense of the boy’s rights (Cole, DeJong, & Smith, 2014, p.

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