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
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
This requires specific intention, which shows that the D must have been culpable voluntarily. Regarding its role in civil law, it is essential to prove fault in some areas, but not in others. For example proving fault is crucial for a successful claim in negligence. Here, fault is tested in breach, which states that D is at fault if they do not act like the ordinary, sensible individual. For example, the defendant in Paris V Stepney BC was at fault by failing to provide protective goggles when the ordinary, prudent employer would have.
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.
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. The distinction is other types of crime create a clear representation there has been a violation, despite the fact that the identity of the person responsible may not be
The functionalist would argue that those who transgress are usually dealt with by the law and that order is restored. The conflict theorist would argue that the law enforcement system perpetuates the inequalities and would give the example of how many white-collar crimes go unpunished. Read more: http://www.ehow.com/how_8586125_compare-contrast-functionalist-conflict-theories.html#ixzz2iJlpn5zx Contrast the functionalist and conflict theories of crime. The functionalist would argue that those who transgress are usually dealt with by the law and that order is restored. The conflict theorist would argue that the law enforcement system perpetuates the inequalities and would give the example of how many white-collar crimes go unpunished.
A human being having a guilty mind “mens rea” planning or knowingly they were going to commit such a crime is sufficient definition to what criminal homicide is. Criminal homicide is criminal because it is a crime committed by an obvious criminal. However, from a legal aspect the “mens rea” and “ actus reus” would have to definitely happen or occur at the same time the homicide takes place, legally called concurrence in order for it to be a legal criminal
Then I explain the elements of criminal law in civil law and common law focusing in the principle of Mens Rea, now I am going to analyse deeply the differences between this two legal systems. The elements in both systems are the same, in both systems are important actus reus, mens rea and causation to determinate that an individual is guilty. For example: an individual rape a woman, he performed a criminal act with intention to act in this way and this action caused a damage or a result. In this case the individual is guilty to rape. In this sense, I think that is important to mention the main difference between Spain and England.
Plea-bargaining is essentially an agreement between the prosecutor and the accused in which the accused pleads guilty in exchange for a lesser sentence or a reduced charge. It is a recognized procedure in the criminal justice system that aims to reduce the clogging of cases in court. It is said that aside from the plea bargaining, the criminal justice system, state laws and the US Constitution provides the accused with different legal defenses which he can use to avoid conviction or to relieve him from criminal liability. These defenses are negative defenses such as the denial of the crime or affirmative defenses such as by admitting the crime but alleging circumstances such as self-defense, insanity, provocation, and violation of the right
The presumption of innocence is widely accepted as an integral and significant principle of the criminal justice that lawyers all over the world adhere to as it is a tenant of the Criminal Law. The presumption of innocence can be defined as a misnomer; a name that is wrongly or unsuitably applied to a person or an object. It also can be described as an assumption made towards an innocent that is included in the absence of opposing evidence. It is shown in the case of Taylor v Kentucky, 436 U.S. 478, 98 S. Ct 1930, 56 L. However, it is not considered as an evidence of the defendant’s innocence and it does not require any compulsory inference that are favourable towards the defendant from any facts of the evidence. In some countries like South