However, the using of DNA evidence to judge the offender has to be used very careful. It is possible that the DNA evidence from the testimony is planted. For example, the O.J. Simpson case that the lab officer planted the DNA evidence. The American Supreme Court ruled out that evidence because it was obtained from illegal doing, even if it is proved that it’s the Simpson’s blood. Simon A. Cole note that the Simpson case was not concerned with only the admissibility of DNA evidence but also was related to the issues of race, class and gender in the United States. Therefore, the DNA evidence is accepted as well and can be used as evidence to prove the guilt of the offender especially the serious case such as murder or rape.
In common law,
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Werner J. Einstadter provides that “... the overall policy goal of the classical due process model is to administer justice. Therefore, the court will emphasize equality between the parties, protect the individual's sovereignty by assuming innocence, and provide rules protecting offenders against error and arbitrary use of power.” Moreover, this theory against the use of state power illegally. So, this theory forms the opposite theory of crime control.
Herbert L. Packer describes “The Due Process Model encounters its rival on the Crime Control Model's own ground in respect to the reliability of fact-finding processes. The Crime Control Model, as we have suggested, places heavy reliance on the ability of investigative and prosecutorial officers, acting in an informal setting in which their distinctive skills are given full sway, to elicit and reconstruct a tolerably accurate account of what actually took place in an alleged criminal event.”
In particular, the search conducted by the police officer and the public prosecutors, or correctional officer. These legal officers act is it to secure or not. Because the practices of the police and prosecutors conducted in a private place that may be used to deceive, coerce or plant false
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If the criminal process’s disciplinary is effective to prevent crime. The crime control theory would result in the state official is likely to violate the freedom of the people easily.
The state official is authorized to use the extensive compulsory legal in order to effectively prevent crime. The result is that the court does not agree to hear evidence obtained illegally that will not appear at all or are very sparse. The court will hold the value of the evidence rather than to relinquish valuable witness. Authority acts to prevent the abuse of the freedom of the
Aaron Hernandez: Inquisitorial v Adversarial system About five years ago, a 27 year old man was shot seven times and murdered. His body was then abandoned in an industrial park, which was later found by the authorities. The man who was murdered, Odin L. J. Lloyd, was a linebacker for the semi-pro football team, the “Boston Bandits”. For this paper, I will cite the case of Commonwealth vs. Aaron Hernandez, which took place in the Superior Court of Massachusetts, for which the former pro football player was suspected of murder.
Again, if this crime was committed when we knew more about DNA, the defendant would probably have been found
The Supreme Court in view of crime and other dangers-offers police mobility in containing crime. In response to the crime in the early 1960’s, Orlando W. Wilson states how police in order to discover and eliminate crime, they must have the authority to question suspects under “reasonable suspicion and search a suspect on reasonable ground.” Usually when a Police officer needs to hold someone in arrest or search a suspect they must have a warrant. This idea proposed by Wilson is to search or talk with a suspect without a warrant only when provided by reasoning that said suspect producing suspicious behavior. This may seem as too much power in the hands of the police but this suggestion does not justify searching anyone and everyone.
It is a great technological innovation that can help bring evidences and fact faster. In the article The DNA Wars Are Over, “Forensic use of DNA technology in criminal cases began in 1986… In one of the first uses of DNA in a criminal case in the United States, in November 1987.” Sadly in 1985, DNA testing was not popular in the U.S. investigation and was not available in Cole’s case. I believe the U.S. court system is improving and yes there are a lot mistrials and wrongful conviction cases, but you cannot avoid the fact that DNA testing can bring better truth than just relying on statements of both
Since its establishment in a seminal Supreme Court of the United States decision the Brady Rule, which requires government disclosure of material evidence favorable to defendants in certain circumstances, has become an integral due process right for defendants in criminal trials. In crafting the Brady Rule, however, the Supreme Court did not specify if the rule is also applicable in administrative proceedings. First, this discussion focuses how lower courts have interpreted the Supreme Court’s omission of such a specification to mean the Brady Rule is not applicable in administrative proceedings. Second, this discussion explains how a Secretary of the Navy Council of Review Boards (SECNAVCORB) Policy Letter creates a Brady Rule equivalent that is applicable to Physical Evaluation Board (PEB) proceedings because it requires the PEB to disclose to the service members any information, including information beneficial to the service members, it obtains that is not already known by the service members.
In chapter one, Joel Samaha discusses the road map of criminal procedure. Throughout the roadmap, the author demonstrates the overall guidelines as to how one is eventually institutionalized. The author claims the vast majority of law abiding citizens seize to surpass the first part of his ideal journey. Thus, Samaha begins with the idea of in public; ultimately, explaining the general supervision of police officers in society. Police officers are responsible in investigating suspicious behavior in public places varying from public streets, roads, highways, public parks and restaurants.
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
The criminal justice system as a network of individual entities operates within two models of criminal justice. The crime control model is oriented towards community protection and swift punishment for crimes whereas the due process model is concerned with legal and equal rights of all citizens including suspects. Both models are reflected at different levels of the criminal justice system where for example the police acts within the crime control model and the courts within the due process model. The 2003 documentary “Capturing Friedman” by Andrew Jarecki is a prime example of the crime control model of criminal justice system that can blur the line between victim and offender. It also highlights the lack of rights for the accused especially
DNA Fingerprinting Using Agarose Gel S. Aaron Sowards Bio 122 Lab 04 Brianna Adanitsch Jakob Lester Minhenga Ngijoi 2/21/18 Dr. Chad R. Sethman Abstract DNA fingerprinting is the process of analyzing an individual’s DNA base-pair patterns. The DNA fingerprinting lab involved identifying the suspect using Agarose Gel and Polymerase Chain Reaction. It was found that suspect two s DNA matched the crime scene DNA.
In King, Justice Kennedy referred to the invention of DNA technology as “one of the most significant scientific advancements of our era.” This statement has been criticized, but the impact of DNA technology has been significant. Currently, forensic analysts can use “junk” DNA to identify a person with near certainty. Law enforcement can collect a person’s DNA through saliva. The sample is then uploaded to CODIS, a national network of DNA databases.
The due process perspective, described as an obstacle course, views the protection of rights and liberties as one of the primary jobs of the government. Furthermore, advocates of the due process perspective believe that protecting citizens from undue government influence will limit the potential for mistakes within the criminal justice system. This is key to their championing for the rights of offenders and the believe that suspects are innocent until proven guilty. In contrast, the crime control perspective, described as an assembly line, gives precedence to the control of crime over civil liberties. Therefore, crime control advocates look towards the end goals of stopping or deterring crime and its harmful ripple effects.
Crime Control with Due process 1 Crime Control with Due process Christian Rousselle Lethbridge College Due process protects the legal rights of the accused, to insure that officials from the Criminal Justice 2 system follows procedures when arresting and processing Individuals. Due process makes sure that innocent people are not convicted of criminal offences that they never committed. The criminal Justice Officials are constantly
The Department of Justice says, "States began passing laws requiring offenders convicted of certain offenses to provide DNA samples. " That DNA evidence can help convict someone of a crime and it helps to uncover more things about the crime itself. Investigators have been using forensic science to help them solve cases since before the 90 's, mostly fingerprints that were found at the crime scenes and on the victims (O 'Brien). DNA evidence has solved countless cases including ones that happened over a prolonged period of time because of the technological advancements there is
DNA in forensic science The majority of cells making up the human body are diploid cells carrying identical DNA, with the exception of haploid gametes and red blood cells. Several types of biological evidence such as blood and hair are commonly used in forensic science, which is the scientific study of evidence for crime scene investigations and other legal matters. Forensic science is used for the purpose of DNA analysis, this is the analysis of DNA samples to determine if it came from a particular individual. DNA analysis is done by obtaining DNA samples from an individual; next, a large sample of DNA is produced from amplified selected sequences from the DNA collected.
The criminal examination process is an intricate part of the legitimate framework that means to assemble prove legally, fairly and as per the privileges of casualties, suspects and society. The criminal examination process embodies the forces of police to confine suspects, grill and to look and seize property, through the suitable utilization of warrants and other lawful means. The criminal examination process likewise involves the privileges of suspects, for example, to safeguard and remand and the privilege to direct amid cross examination. Technology has made a further developed society and economy. We utilise innovation in each part of life today.