Jane, I need your assistance: Criminal Procedure Policy ...



Justice: Two Different Models

The role the criminal justice system plays in society is expansive. Criminal justice is designed to keep the public safe, to stop wrongdoing, to punish wrongdoers, and to provide order to society. Given this broad role there will be times when criminal justice will not perform all roles well. This means, of course, that criminal justice will often fail to meet public expectations. Ultimately, the needs people have for criminal justice mean that they believe the criminal justice system should be designed to pursue goals that fulfill their needs. INSERT CITATION 1 HER.

INSERT CITATION 2 HERE. While these are not necessarily conflicting goals, for many in society they have become goals that directly compete against each other. Many believe the protections the criminal justice system provides defendants, for example, hinders the work of the criminal justice system while others believe that attempts to limit the rights of defendants have resulted in too many unfair and unjust police, court, and corrections actions.

Those who support the crime control model seek to have stronger sentences to keep persons under the control of corrections longer and often seek to end many of the legal rights that defendants enjoy, such as those of the exclusionary rule and others. They argue that these right violate the rights of the victim and the public to be safe and often work against the interests of society. Those who support the due process model indicate that a government without controls often does not protect the rights of any member of society. INSERT CITATION 3 HERE. Those who follow the due process model indicate that limits on government are necessary to prevent government power from becoming absolute. They suggest that the Fourth, Fifth, Sixth, and Fourteenth Amendments must be supported to ensure justice prevails, in contrast to those who support the crime control model who believe that these amendments deny victims and society important protections.

The Fourth Amendment to the Constitution provides a critically important civil right to Americans. INSERT CITATION 4 HERE.

These prevent government from becoming so absolute that it acts illegally to attain any goals. Many believe that a government without limits will turn into a government that acts in ways that will disregard the rights of all in all circumstances (Fourth Amendment, 2010). Those who support the crime control model, however, indicate that these protections hinder law enforcement investigation and allow defendants more privacy than victims are allowed “Crime control emphasizes an efficient criminal process through early determination of guilt by law enforcement agents” and the Fourth Amendment prevents this (Aviram et al, 2010).

INSERT CITATION 5 HERE. This amendment also restricts the power of the government over the public and requires the government to enforce civil rights in people’s favor against the government’s own interests. Those who support the due process model, whose name is taken from this amendment, argue that only by protecting these rights are the interests of all in society safe. INSERT CITATION 6 HERE.

The Sixth Amendment guarantees every defendant a public trial and the right to counsel. INSERT CITATION 7 HERE.

Where the crime control model dominates one can expect that the protections of the Bill of Rights will be diminished for criminals. Indeed, since the 1960s this is what has happened in the United States. INSERT CITATION 8 HERE. Conversely, where the due process model dominates society can trust convictions and are, therefore, more likely to trust government action. However, many citizens may feel that, in a due process society, they are not as protected as they would be under a crime control model due to the discussion of defendants’ rights that occurs in such a model.

References

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download