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. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities. The differences The due process model is pegged on the belief that it would be better if a criminal found innocent goes free rather than have one innocent person in jail. On the other hand, the crime control model argues that it is better to have a innocent person detained, questioned, tried and found innocent then let free than have a society full of criminals roaming
Criminal law brings the power of state, with all its resources to bear against the person. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of authority of the part of the government (Miller, 2013). The United States government provides specific safeguards for those accused of crime and most of these safeguards guard individuals against government actions, as well as federal government actions of the due process section of the Fourteenth Amendment. The constitutional safeguards are set forth in the Fourth, Fifth and Sixth Amendments. This paper describes the 4th, 5th and 6th Amendments from the viewpoint of adult and juvenile criminal court proceedings.
Numerous theories have been produced to clarify criminal conduct. While a few theories are not as regular, others have developed and are utilized as a part of numerous criminal reviews today. Cutting edge criminologists consolidate the most important aspects of sociology, psychology, anthropology, and biological theories to advance their comprehension of criminal behavior. Rational choice theory, psychological, biological, and strain theory are used to analyze the
This made it easier to prosecute criminals while also adding in gender, disability, gender identity, or sexual orientation. There is much debate on whether hate crime laws are a necessity or not. Some arguments against hate crime laws include the fact that
The Thin Line That is Injustice It is common practice for law enforcement officials to employ dubious and somewhat underhand methods in their quest for evidence. More often than not, it is apparent that the desire for convictions surpasses the prevalence of justice in such criminal matters. A prime example of this is evinced in the acquisition of evidence through undercover operations. To go "undercover" is to avoid detection by the entity one is observing, and especially to disguise one 's own identity or use an assumed identity for the purposes of gaining the trust of an individual or organization to learn or confirm confidential information or to gain the trust of targeted individuals in order to gather information or evidence. Undercover tactics are traditionally employed by law enforcement agencies in their quest for evidence in criminal matters.
The Eighth Amendment protects criminals from punishments. These amendments might give the civil rights to criminal suspects a reason to escape from charges or excuse for a crime from the police. The Supreme Court rulings
Under the current national law, “organizations are not specifically prohibited from perpetrating actions that are considered illegal and abhorrent when carried out by sovereign states” (Ganor 289). This injustice could be addressed virtually to the fullest extent if an international definition of “terrorism” becomes accepted. Ganor further states that “only on the basis of an international agreement on the definition of terrorism will it
However at geographical borders or the functional equivalent of borders there is an exception to the Fourth Amendment that states that agents acting in a customs enforcement or border security role can search and/or seize subjects and materials based upon suspicion of criminal behavior. This increase in responsibility placed upon agents is of course another obvious
Since the 9/11 attack, multiple agencies has been working hard to deter future tragic attacks by using crime data to find who are the potential threat in the future. By having that set mind, same amount of past crimes was in relation to same race and ethnicity that may have lead police officers to reasonably believe certain race will cause crime. In addition, racial profiling is a tool to reduce crime as a whole. Similar to the example provided above, it may work in a way to deter crimes by analyzing data and determining where the next threat may occur from who and
The opportunity theory suggests that offenders choose to commit crimes based on the opportunity that is presented to them to achieve their crime. For instance, if an individual is willing or ready to engage in crime and the situation proves to be favorable (environment) to the offender this opportunity in turn creates motive for the offender to execute a crime. This theory also argues that all crimes require opportunity but not every opportunity is followed by crime. The perspectives of this theory can also be used to build off of Merton’s strain theory. Furthermore, Clowards and Ohlins opportunity theory builds off of Merton’s strain theory because it involves blocked opportunities of success and that in turn causes strain or pressure that