The main parts of a criminal justice system can best be described as a discretionary model, because so many steps are taken from the stages of committing a crime to being prosecuted and possibly release from correctional institutions in the future. Each one of these steps have a serious deciding elements in them that play a role in the prosecution of a criminal. As stated in the text book “no two cases are alike, and no two defendants are alike,” (Barkan, 17). Because of the uniqueness of each case and the people involved in it a system must be put in place to insure that at every stage of the criminal justice system there is a set of questions and decisions that are being made effectively and properly. This insures both fairness and structure to what is
In order to understand the complexity of the criminal justice system, one must be able to identify crime as a whole. Crime is defined as going against the laws of a state or the country. According to Neubauer& Fradella (2014), the criminal justice system is defined as a set of agencies, and processes established by the government; to control crime and impose penalties on the violators of the law. There are two main components of the criminal justice system; mainly the state and the federal justice system.
Some people think that the government should be more punitive when it comes to crime, that criminals should be caught and punished swiftly and harshly in order to protect society as a whole, while others believe that individual rights should be protected and that the criminal justice system needs to insure that individual rights are preserved. In 1964, a paper entitled, “Two Models of the Criminal Process”, was written by Herbert L. Packer that outlined these two thoughts for our society. Today, our criminal justice system is mainly based on the concept of the “Due Process
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly.
Herbert Packer believed in a two-model form within the criminal justice system: crime control and due process. With the 1996 film, A Time to Kill, most of society watched this eye-opening and astonishing film and saw nothing but the conflict between races. As individuals studying for the future of criminal justice, it is imperative that we are able to analyze cases in movies and everyday life creating a second nature mindset of the rights and wrongs within cases. Packer explains and introduces to society in his article, Two Models of the Criminal Process, of the idea that crime control and due process are the key elements within the criminal justice system. Furthermore, the film A Time to Kill presents due process but little to no crime control through the court trial
First, the factor that leading innocent people be charged is flawed eyewitness identification. Eyewitness is one of principal evidences that policies are looking because someone has knowledge about the crime. A study of contributing causes of wrongful convictions show us that 72% are eyewitness because of misidentification ( The causes of wrongful conviction, 1). This study demonstrated that eyewitness is the highest in wrongful convictions. For example, in the documentary Mr Stephens was the eyewitness which, it is the strong evidence that Detective Williams used against Butler.
Due process is the fair treatment of the judicial system by the Fifth, Sixth, and Fourteenth Amendments. This is the constitutional guarantee that one will be given the opportunity to be heard before they are deprived of their life and (discharge from all restraints or obligations unless convicted). (Schmalleger 631-632) And also guaranteed that the law will not be unfair in anyway and that the government will not in any way deprive any person(s) of their constitutional rights.
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. Out of the three the courts are the most harmful to the criminal justice systems. Once the police have done their investigations and arrested all offenders involved it will be up to the court to decide whether the person is guilty or not. This is where the problem comes in.
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
Wrongful convictions are a problem that most government officials won’t admit. The United States and other countries such as Australia have been susceptible to these miscarriages of justice. This can arise from a snowball effect of scenarios such as witness misidentification, perjured testimonies, coercive methods of interrogation, prosecutorial misconduct and ineffective counsel. These are some of the reasons that can potentially lead innocent people to be convicted of crimes they did not commit. The thousands of exonerations in the United States has caused concern for other nations to reevaluate their criminal justice system.
Crime is a blemish in almost every society. Criminals and law breakers have been around since biblical times and still haunt societies today. The American Criminal Justice System is in place to attempt to help control criminals. The idea is not to create a perfect society where no crime will be committed, but to contain the crime. Predicting crime is not an easy task, criminal justice officials take many steps to prevent crime from happening.
Wrongful convictions are one of the most worrisome and tragic downsides to the Canadian Criminal Justice System. As stated by Campbell & Denov (2016). “cases of wrongful convictions in Canada call into question the ability of our criminal justice system to distinguish between the guilty and innocence” (p. 226). In addition, wrongful convictions can have devastating repercussions on the person, who was found guilty, effecting their personal/public identities, beliefs and family lives. This essay will be examine some of the common factors that apply to the conviction of an innocence person.