Two Models of the Criminal Process The two models of the criminal process; due process and crime control serve as the foundation of order and liberty as it relates to the practice of criminal justice and criminal law. These models struggle against each other to represent their own value system as it applies to ideologies in criminal justice procedures. Although there seems to be a difference between these two principles of criminal law, each one has positive qualities. The due process and crime control models contain prepared subject matter of values primary to the constitutional order of how criminal law is practiced (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2008, p. 4).
Criminal Justice System Paper Your Name CJA/204 April 6, 2014 Rudy Pichardo Criminal Justice System Paper When I think about the criminal justice system I think about corruption, the falsely accused, inmates who aren’t given the proper sentence, and how awful it is for the people. In this paper I’m hoping to give a better understanding of the criminal justice system by identifying the goals of the criminal justice system, describing the components and the criminal process of the criminal justice system and some of the other components in the system. The criminal justice system is built on a few important principles; Presumption of innocence, due process, independent judiciary, openness and accessibility of court and equality before law. (Merriam Webster: An Encyclopedia Britannica Company, 2014) defines crime as an illegal act for which someone can be punished by the government. Meaning, if you break the law of which has been given you will be punished.
(Johnson, 2002) Role of Law Enforcement Crime control model cites to a possibility of criminal justice which places stress on dropping the crime in company by altered law and prosecutorial authority. In counterpoint, the “due process model” centers person liberties and corrects and is concerned with bounding the abilities of authorities. The function those act in the policies is that they are authorities collected curricula. The crime control model is in occupied affirm of such authorities collected curricula to engage consequently. The due process model, however, deficiencies less government interest and more private venture.
Organized Crime Prevention and Control As one author put it, “organized crime has been defined in the relative absence of Knowledge” about its true dimensions (Castle, 2008, p. 139). Albanese (1996) explains crime and possible organized crime in terms of the typologies of positivism, classicism, structural, and ethical explanations. The positive approach explains organized crime as caused by social and economic factors that include: poor neighborhoods and role models, lack of opportunity to achieve the “American Dream,” dysfunctional families, and even genetics. The positivist sees change in the conditions as a means to prevent criminal behavior. Walter Miller’s classic article “Ideology and Criminal Justice Policy” concluded with the observation, “when assertions are made about what measures best serve the purposes of securing order, justice, and the public welfare, one should ask, ‘How do we know this?’” (1973, p. 150).
The main goals for indeterminate sentencing are the prevention of new crimes, rehabilitation, and to protect the criminals from excessive, unequal, or random punishments. According to the U.S. Department of Justice (1999), Indeterminate sentencing allows corrections managers to deal with problems of overcrowding or with changes in resource allocation by adjusting policies governing award of good time, setting of parole release dates, or releasing offenders on furloughs or to intermittent or partial confinement (p. 5). It is my opinion that indeterminate sentencing has the potential to change lawbreakers into law-abiding
The Functionalist approach to the study of crime states that crime has two positive functions for society. Durkheim claims that crime retains boundary maintenance. He states that crime produces a reaction from society, effectively uniting its members in condemnation of the wrongdoer and reinforcing their commitment to the shared norms and values. Secondly, he claims that all acts of social change start with an act of deviance, so in the long run deviant tendencies will give rise to a new culture and morality. For example, the wishing for African-American rights in America included several acts of deviance by breaking several laws yet it paved the way for the Civil Rights Movement.
Abstract This paper will explore and discuss the difference in opinion regarding crime and who should be held accountable for criminal activity. The views of social responsibility and social problems will be examined, along with the perspectives that each holds to justify their belief. Theories such as Determinate Sentencing that holds the value of social responsibility in response to crime, and also the Constructionist theory that places that blame on society as to why a person commits a crime. In the end I believe that Social/Individual responsibility is the most appropriate way to approach crime. Perspectives of Social Problems and Social Responsibility Within criminology there has been multiple theories suggested to explain the numerous motives behind why crime exists in our world.
Whereas on the other hand the Conflict Model of the contemporary criminal justice system refers to a model of crime where the criminal justice system is seen to be used by the ruling class to control the lower class. It argues that the organizations of the criminal justice system should work competitively to produce justice instead of cooperatively. It argues things like worries over fame promotion and other things like wages cause the criminal justice system to conflict its self. One example from within the system is between Police and prison officials. Police desire to put criminals into prison whereas prison officials are concerned about overcrowding facilities may desire to release criminals from prison 2.
Herbert Packer mentioned two values inherent in the Criminal Justice System; The crime control model and the due process model. Which model do you prefer, and why? The Crime Control Model and the Due Process Model both intend to serve a similar purpose: To reduce crime and protect the public. The crime control model places emphasis on reducing the crime in society through increased police and prosecutional powers. The criminal process exists to investigate crimes, screen suspects, detain dangerous defendants, and secure convictions of guilty parties.
Criminal Justice System Paper Sarah Murphy CJA/204 Monday, August 29, 2011 Professor Danny Williams Criminal Justice System Paper In the world today, with consideration, the criminal justice system includes a group of agencies, government workers, and processes established by our government to control crime rates and inflict penalties to those who disobey the law. In using certain components, our government is better able to administrate criminal justice processes successfully to the innocent and to the guilty. The Criminal Justice System The criminal justice system is here to assist in controlling crime and imposing punishment to those who disobey the law. Crime is defined as an “act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law; especially: a gross violation of the law” (Schmallager, 2009). The criminal justice system is broken down into jurisdictions ,these jurisdictions, with considerations, are created by certain factors such as the city, county, state, federal or ,tribal government or military installation.