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.
The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise. The Due Process Model allows for a defendant to bring about any claims in their
In a civil case it is up to the plaintiff, the person who has started the lawsuit to prove his or her case with stronger evidence than the defendant has that is, by preponderance of the evidence. Simply put for the plaintiff to win the judge or jury must believe that the plaintiff’s evidence is greater than that of the defendant. In a criminal case the burden of proof is much higher than that of a civil case. In a criminal case the accused is presumed to be innocent until proven guilty by a court of law. The prosecution must prove the case beyond a shadow of a doubt.
The prosecution and the defense both play very important roles in the criminal justice system. The prosecution is responsible holding criminals accountable for their actions. Whereas the defense is responsible for ensuring the defendant gets a fair and speedy trial. The prosecution investigates violations and works with law enforcement officers during the investigation. They let them know if there is enough information and evidence to charge a suspect with the crime.
A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases. Also it can help a prosecutor because then don’t have go through a trial if they have a lot of other cases. A plea bargain can also help a prosecutor because if the defendant takes the deal it shows that they are taking responsibility for the crime. When it comes to the defendant a plea bargain can help by the defendant could get a lesser sentence if they plead guilty to the crime the committed. Also it can help the defendant by not making them sit though a trial.
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
Prosecutors are responsible to make sure the guilty person is prosecuted and that innocent people are protected from unwarranted prosecution. Prosecutors decide which types of plea bargains to enter and can ask the court to dismiss the charges. Prosecutors have more discretion than any other legal person including judges. A prosecutor’s position is much more difficult than portrayed on television. On television, the prosecutor, or ADA comes in tries the case and leaves.
The reason is that for a person who is indeed guilty of the crime and who thinks that he cannot escape conviction because of overwhelming evidence, admitting to a lesser crime with lesser penalties will be the best scenario for him. He gets the benefit of immediate disposition of his case since he no longer needs to hire lawyers to defend him in court. While it is true that existing laws mandate that an accused should be defended by a public attorney in case he does not have a lawyer, the practical reality is that only paid lawyers can competently and adequately defend the accused and that public attorneys do not defend their client’s case to the best of their ability. Moreover, the accused also gets the benefit of lesser time in prison as it is implicit in the arrangement that if he agrees to a lesser crime charged he shall be convicted to a lesser penalty. If he behaves properly in prison his sentence may be further reduced for good behavior and he may find himself out of
If there is a background check done on anyone chosen to be a juror, it will reduce some flaws in the system. Therefore the jury system in Australia is the most effective way to find someone guilty or not
In criminal cases, appeals can be made either against the conviction or against the sense. This means that the person found guilty of an offence can appeal against the guilty conviction on certain grounds, or can appeal against the severity of the sentence. The crown (Prosecution) also has the right to appeal against the leniency of the sentence. The party appealing is known as the appellant/ applicant. The appeal process for sentencing is important because it allows the higher courts to supervise the exercise of sentencing discretion and therefore helps to ensure consistency.