While the “crime control” model contemplates that, the criminal justice system has an adverse consequence and progressively stops the process of arresting people within the criminal justice system. The “due process model” is demonstrating that a suspect is guilty and is significant to keeping the government under control and protecting the rights of the suspect. The criminal justice system should be expending more financial resources to employ more law enforcement officers instead of building more prisons and rather than expending money, defending the rights of citizens is the thought of the crime control model (Zalman,
People have said the system can be too harsh and there are those who have said the system can be too lenient, and that could be the reason why there are so many mixed feelings over the due process and crime control models. In the due process model the main point is to protect all individuals and allow them their constitutional rights and freedoms they are given in the United States, no matter if you’re in this country legally or not. “For the Due Process Model, the “aim of the process is at least as much to protect the factually innocent as it is to convict the factually guilty.”’(Herbert Packer, Criminal Procedure, Ch. 1) The due process model protects people’s rights so it can making officers of the law build a case against the person accused by collecting evidence through warrants, and the person is presumed innocent until proven guilty. In due process a criminal case cannot be built against someone unless the proper steps have been met to the courts standards.
This type of legal system exercises the ideal that the supposed offender is considered innocent until proven guilty. This systems premise exercises the idea that both the defense and prosecuting attorneys will work at extreme lengths to make sure that guilty are convicted, and the innocent are set free. Both the prosecutor and the defense have rules of procedure, statute, and case laws that they must fallow. The Constitution also has certain powers and rights that both sides must implement and promote for fair administration of justice. In the adversarial system the defense attorney has the duty to act faithfully and enthusiastically on behalf of the defendant.
One of the features the Crime Control Model considers to be most important is the prevention of crime. While this model proclaims it is permissible to make mistakes in the entire criminal justice system, it assumes guilt by fact and the person is guilt unless proven innocent. This is one of the downfalls of the Crime Control Model. The concern with this model is a quick and speedy conviction despite the innocence of the alleged criminal. Many wrongful convictions have been overturned because of the proponents of the Crime Control
Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
When questioning the ethical responsibilities of the defense attorney, the biggest question is it ethical for a defense attorney to represent a person believed to be guilty. The best thing will be to understand their responsibilities as a defense attorney. The accused person has the right to be represented in a trail and the defense attorney has a duty to represent the accused, regardless to their belief if the accused is guilty or not guilty. It is the duty of an unbiased jury to wisely decide if the accused of the crime had committed the crime beyond a reasonable doubt. One once said,” That it was better to have ten criminals escape punishment than to have one innocent person imprisoned.” To achieve this it will be ideal to keep the government honest; doing so without convictions by false statements, planted evidence or lying witnesses.
Once a criminal has been convicted and has been sentenced to do their time, this is where they are able to show society and the criminal justice system that they have learned their lesson from their mistake. Knowing at sentencing that they will be able to get out a little bit earlier if they behave while incarcerated gives the criminal incentive to focus on negative behaviors and change their way of thinking. On the other hand, after sentencing, criminals are also aware that if they cannot behave while incarcerated they will be serving 100% of their sentence. This idea gives the criminal the option and information to avoid stronger consequences therefore deterrence. Parole is granted to convicts who are able to prove they can behave while incarcerated and they deserve another chance to prove that they can be a productive part of society, and hopefully live productive lives
Individuals who are law-abiding citizens should be able to rest and know that the streets are free from persons who have committed crimes such as armed robbery and other felony crimes. An offender who has committed felony crimes previously should be disciplined much harshly than the times before. According to the criminologist, the punishment which an individual commits should be harsher than the crime which has been committed. The current recommendations for the prison term policy for an individual who has committed armed robbery should be as follow: Each is a repeat offender of an armed robbery will do a maximum sentence of 10-20 years. Along, with the 10-20 years, 10 -15 years of probation will be added.
An arrest is called a custodial arrest and defined as an officer taking into custody a person pending criminal charges, and the individual’s right of locomotion is restricted. An arrest is a vital tool for police officers to use to catch the guilty and free the innocent, but must meet the requirements of the United States Constitution. The duration of an arrest is longer than that of a stop, and can last hours even days. The location of an arrest is usually the isolated and intimidating surroundings of a local police department and jail. An arrest also included written documents that become a part of a person’s record or more popularly known as a rap sheet.
Juvenile Crime Juvenile Crime Though there is but one court system itself, there are significant differences between juvenile court and adult court. The biggest differences are the leniency of the courts and the rights of the suspect. In an adult court, criminals are tried for crimes they commit while juveniles are only tried for acts of delinquency, unless the crime is especially severe, in which case the juvenile may be tried as an adult. Juveniles are also denied the right to a jury at trial. Instead, the judge hears all evidence for the case and then rules whether or not the juvenile is a delinquent.