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
Ryan Silva Criminal Procedures Wed 6:30-9:35 pm Differences between Due Process and Crime Control Due Process focuses more on the rights of individuals whether it be the private citizen or an alleged suspect being tried for a crime, while maximizing the government efforts to stop or prevent crime. The trick is how successfully execute both without sacrificing one for the other, One could argue that this is the liberal perspective of the crime prevention module. Supporters of this perspective want a defendant to properly go through the entire justice system from beginning to end without, including exhausting the number of appeals allowed calling this the “obstacle course” (Worral p.14). Crime Control on other hand focuses more on the prevention of crime at any cost. Could be considered the conservative approach to the crime prevention module.
Bail and Powers of Arrest In this part of assignment I will write about the police powers to grand bail, as well I will assess why the police have the powers to grand bail and at the end I will evaluate the police powers of arrest, warrant, detention and search. Bail is the term used when the person is under suspicion or has been charged with a criminal offence but is released from the custody until he or she next appears in court or police station. Once the person did any kind of offence, police have the power to arrest the person and take it in to the custody. Once the person into the custody, he or she will be taken to the questioner by the police officer or investigator. After the questioner the police officer will have to build a case with the evidences gathered and send a case with the evidences to CPS (Crown Prosecution Services).
By reconstructing the past, the second method of inquiry can be used which is to discover or create new knowledge. It is the process of collecting data, evidence or any information that will lead to the arrest of a suspect. Both methods have similarities. It includes the who, (who was involved) the what, (what happened), the when (when did it happen), the where (where did it happen) and the how (how did it happen). An example of both methods combined will be when an investigator collects information from witness, evidence and data bases then use it to reconstruct the past.
173 Reflective Journal. Week 1: Aims of the criminal Justice system This week was essentially an introductory topic and provided me with a basic understanding of the aims and operations of the criminal justice system. I learned that there is a number of different steps within the criminal justice system and the involvement of all the parties involved such as police, judge and jury and the defence. According to John Champion the main purpose of the criminal justice system is to process and prosecute individuals who commit crimes against society and to deal out suitable punishments for these individuals. This is a pivotal part in terms of maintain the functioning of society and to ensure that people don’t go around breaking laws wherever and whenever they want.
There is little question that the public leans toward a punishment that is harsher for those who commit acts of armed robber. The public would the people are who innocent and inevitably be the victims who would be the targets for those criminals. The public would be in full support of a motion that punishes those who perform these acts more harshly than they are being punished now in the hopes that the new legislation would act as deterrence. It has been a common theory that harsher punishments would indeed be effective as deterrents to such acts of deviance as armed robbery. Acts of armed robbery that end in violence or homicide tend to render the public outraged and give their voice a stronger demand for justice to be done.
1 Final Exam Essays Katherine Keeler Kaplan University PA260-01 Unit 9 May 22, 2012 2 Distinguish between the detention of an individual and the arrest of an individual. What is “stop and frisk” and what is the landmark ruling of the U.S. Supreme Court case that first set forth the law relating to stop and frisks. Sum up the Court's holding in this case. Dentention The detention of an individual occurs when police officers stop a person they believe have been involved in or will commit a crime. The person will be asked to identify themselves and to tell the officer about their presence and activity in a certain area.
The crime scene technician must interview the first officer at the scene or the victim to ascertain the "theory" of the case. Basically what allegedly happened, what crime took place, and how was the crime committed. This information may not be factual information but it will give the crime scene technician a base from which to start. Examine the crime scene as the second step in the protocol. Examine the scene for what?
The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace. In a large number of very minor offences (such as parking or speeding offences) the first step is the infringement notice. A person may receive a summons, an order to attend court, specifying the alleged offence. It may be served in person or through the mail. An alleged offender may be arrested, charged and fingerprinted.
Crime Scene Investigation CRJ 320 Crime Scene Investigation One of the most important aspects of being trained in Law Enforcement is the ability to conduct a crime scene investigation. The ability to contain and not contaminate the crime scene while also gathering information is a daunting task for any individual. Taking steps to insure the scene is secure, wounded are cared for and that evidence remains intact are just a few of the necessary tasks. Attorney General Janet Reno once stated that “Actions taken in these first few hours of investigation at a crime scene can play a pivotal role in the resolution of a case. Careful, thorough investigation is key to ensuring+ the potential physical evidence is not tainted or destroyed or potential witnesses overlooked.