But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
According to [ (Schmallager, 2009) ]”a crime is a violation of the criminal laws of a state, the federal government, or local jurisdiction, for which there is no acceptable legal justification or excuse”. A crime can consist of murder, theft, kidnapping, hijacking, assault and battery, conspiracy, and arson to name a few [ (Schmallager, 2009) ]. When the police are called to a crime they must locate and interview witnesses if possible, locate and hold possible suspects, find evidence, and try to find out what really happened to conclude if there is a crime or not. If the police determine a crime has taken place they will either make an arrest at the scene or have a judge issue an arrest warrant for the suspect(s). The arrest of the suspect(s) is a serious step as police believe they have enough evidence for the courts to convict the suspect.
Roberson, C., Wallace, H. & Stuckey, G. (2007). Procedures in the Justice System. Chapter 1: Historical Development of Law and the Justice System, Eight Edition, 2. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier.
Juvenile Rights CRJ 301 Juveniles like adults have a process to go through before they can be charged. Not all states are the same when it comes to processing, but they all have the same outcome. Juveniles like adults need to be punished for their actions regardless of whether it is a mild offense or a serious offense. During the processing there are some organizations that require certain procedure to be done, while in other states it is left up to the courts or the police officer. During an arrest of a juvenile the officer must first decided whether the officer or the general public is in harm’s way.
Also the offender is more likely to go back to a life of crime because that’s sometimes all they know how to do so that they can survive in the real world. I also believe depending on the crime the offender commits they should have a more lengthy and strict probation if they aren’t given jail or prison time. Even though the jails and prisons are largely overcrowded and sometimes state funds can’t incarcerate habitual offenders I feel that that they need to be on stricter probation or parole sentence so they understand that what they are doing is wrong. I do not believe that individuals who commit misdemeanors should be subjected to a lengthy prison
In other crime types once the intent is created it is followed by the execution of the act. The intent and act is not misinterpreted. In contrast, due to the element of disguise in white-collar crime the intent is blurred and frequently can only be obtained by interpretation. (Stephen Rosoff, 2010) White-collar criminals can only be successful if the victim is ignorant and negligent. Key differences between white-collar crime and other types of crime is that white-collar crime generally requires the victim to comply in being victimized in contrast to murder, robbery, assault or rape.
I feel like the most common model is due process and crime control model. Due process meaning is the fair treatment through justice system, as a citizen of the nation. Due process is used when someone commit a crime and get arrested by the law enforcement officer, in which they have to determine if the person is guilty or not by doing a fair trial and letting the person say what happen. If this system was not in place any person committing something illegal or got caught are wrong place wrong time would just be thrown to jail without any chance to say something or by going through a court system and this is why we have due process to distinguish who innocent and guilty. Crime control model refers to a theory of criminal justice which places
Justice is the concept of moral rightness based on rationality, natural law, fairness, law, equity, and ethics (Dictionary.com, 2009). Justice to me means giving what that person deserved for what crime they committed or in other terms giving each person their due. I also believe that everyone should be treated the same when being arrested no matter if you are a celebrity or not. There are to many times where celebrities get the easy road and do not even receive any jail time for a crime they have committed. If a regular citizen committed the crime they would receive time in jail for whatever crime in which was committed.