The primary mission of the due process model is to protect innocent people from wrongful conviction. It is doubtful that many would argue against the fact that we must engage in significant efforts to protect those who may be falsely accused. However, many argue that while the due process model focuses upon the rights of the accused it ignores the rights of victims. due process model does not limit itself to the Fourth Amendment. The police must also consider the individual rights of the accused in respect to many of the individual rights guaranteed by the Bill of Rights.
In cases where the primary reason for the offense is related to poverty or mental illness, in my opinion, the primary focus should be rehabilitation, as these offenders are less likely to repeat if they have what they need. Retribution is the one method that I feel really does not have a place in today’s society, if the court feels that the individual is beyond rehabilitation, then it is in societies best interest to protect it from that individual for as long as allowed by law. Deterrence can be a very effective method when trying to curb deviant behavior, but people must know how hard it is to get away with the criminal behavior, and how likely they are to be convicted if arrested, then it can be much more effective than just letting people stumble into the situation then finding out. Ultimately rehabilitation would be the ideal but not everyone can be rehabilitated and these people have to be punished in a way that lets others get the benefits of rehabilitation. References Forer, L. G. (1992).
Sammy Faraj Essay: 1 Professor: S. Franschman I believe the criminal justice system should follow the Criminal Control Model. Without this law we have in place right now the world would have fallen on its face drastically. The Criminal Control Model basically puts it in a way where if you are arrested you are basically innocent until proven guilty. It follows the rule in which other laws do not, such as the due process. The Due Process is mainly focused on the offender’s rights.
After all, it is he or she whose alleged conduct is under scrutiny by the court, and who is facing the possibility of punishment, including in some cases, the loss of liberty. Because conviction can carry such serious consequences, most commentators agree that it is more important to avoid the wrongful conviction of the innocent than the wrongful acquittal of the guilty. The need to avoid wrongful convictions requires the criminal justice system to assume that the accused is innocent until found guilty, and to
It is said that with the existence of so many exceptions may cause misunderstanding of the Miranda right and exploitation by the police. These specific rulings provide for the presence of an attorney for the suspect on the belief that this will prevent possible coercion. The Miranda case is applicable to every criminal
• Are occasional justice failures on the part of the criminal courts an unavoidable part of the justice system? Why or why not? The occasional justice failures are unavoidable because no matter how hard a person tries we are human and will make mistakes. The justice failures are called miscarriages of justice and normally occur when the justice system tries to cut corners and not fully complete an investigation in order to just make a conviction. This can also occur when evidence is tampered with or purposely withheld from an investigation.
Also the defense will ask for a change of venue to help with juries with believing someone is innocent. This defense attorney is determining to keep people innocent until they are proven guilty. He does not want someone who is innocent to have their name slander. He is an attorney for DUI cases which is kind of pretty hard to prove their innocent. This criminal law website is determined to keep people who are under investigation or have already been arrested, to keep their record clean and out of jail.
I learn from past mistakes as well as building on past successes. I value other people’s rights and expect them to maintain their responsibilities as much as I do. However, I would never ask someone to do something I would not do. For example, I would not ask someone to give me the answers to a test because I would not do that myself. My ethical blind spot is my belief that motive justifies the method or overconfidence in the process.
Judges need more discretionary power, as imprisonment is not effective in rehabilitating all offenders. Parliaments should have less influence on the administration of justice. Politicians are wholly concerned with winning votes and decisions they make might be popular with the majority of society but they can be detrimental to the process of rehabilitating offenders, and reducing chances of future recidivism. The legislature should be able to pass laws against any act or omission of duty that results in harm to society but leave the interpretation and application of those laws to judiciary, which is concurrent with the Separation of Powers Doctrine. Judges should be able employ other methods if they feel that they will be more successful.
These systems are made to view things from every angle possible and notice that the individual made good faith efforts to follow the law, who knows what will happen. A lot of victims have been thrown under the bus due to not using their rights of Crime victims. Judges will care less to hear a plea, which states that a victim has a right to be heard. I personally think that no matter how late the victim trail start after time it was schedule to start they should be heard. The court system will overlook these things if you do not know your rights as a victim.