The two models of crime with the aim of contrasting each other for decades are the crime control model and due process model. The due process model is the attitude that a person cannot be stripped of life, property or liberty without suitable legal processes and precautions. Any individual that is appointed with a crime is demanded to have their civil rights confined by the criminal justice organization below the due process model. The crime control model for rule enforcement is founded on the statement of complete dependability of police fact-finding, covers arrestees as if they are already originate responsible. (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.
2. Does plea bargaining serve everyone’s interests? Explain. 3. What adverse impact(s) can you envision for our criminal justice system if pleas were not allowed?
2003. p. 114). The prosecutor’s main roles are to establishing that those guilty are prosecuted, and to determine which cases are weak and weed them out. Meyer & Grant (2003) state that, “ the tasks that prosecutors perform fall into three broad categories: planning and supervising the investigation phase of criminal and civil cases, case preparations, and responding to the issues related to appeals. The defense attorney’s role is to protect an individuals right when he or she has been accused of committing a crime, and to ensure that the individual is not prosecuted unjustly or falsely tried. A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty.
Along with a brief description of the criminological theories, an attempt to show how they differ from one another and discussion of one strength and one weakness unique to each theory will be made. Finally, I will provide my opinion as to which of the two philosophies (classical or positivist) explains criminal behavior in a much more complete manner and why. The first of the criminological theories is called Social Control Theory. What makes a person not a criminal? This is the main question asked in control theories.
If criminals have to think about the potential consequences they may just deter away from the criminal act (Valerie Wright, 2010). One form of deterrence that is currently being used is the “three strikes and you’re out”. The “three strikes and you’re out” movement became enacted by the Federal government in 1997 to protect citizens from criminals that have been repeat offenders (Austin Ph.D., Clark, Hardyman Ph.D., & Henry, 2000). The criminal justice systems plan to get harsher on repeat offenders hopefully will deter these defendants from returning to the system and keep our society free of less crime. Deterrence at the juvenile level is the transferring of them to the adult system depending on the level of crime they have committed.
If such identifications are excluded, police will begin to use only reliable identification procedures. A wealth of research has been done on why mis-identifications occur and what the best practices are to minimize the possibility of mis-identifications – why shouldn’t we insist that police use these best practices and insist that only reliable testimony be admitted at trial? "An in-court identification of an accused is inadmissible if a suggestive out-of-court identification procedure created a very substantial likelihood of irreparable misidentification." In considering whether error is harmless, a case's particular facts must be considered along with various factors including: "the importance of the witness' testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution's
An example of replication is law enforcement replicating a crime to see how the crime was committed. Verification is confirming or validating something. A lie detector test verifies whether someone is telling the truth or not. Theory is in criminal justice represents an attempt to develop plausible explanations of reality, which in this case are crime and the criminal justice system. In addition to one of the most intriguing aspects is the Hypothesis of the Criminal Justice system when referring to a crime being committed.
Thesis: Wrongful convictions happen in general because ones who are innocent are the ones who are typically found guilty in their criminal trial, or sometimes a defendant might feel the need to plead guilty to crimes they did not commit in order to avoid the death penalty or facing long prison sentences. 1. The start of the Innocence Movement a. When the first DNA exoneration in the United States occurred in 1989 it showed the real truth of innocence or guilt. b.
Offender profiling is the establishing of a hypothesis to identify a criminal via examining the evidence accumulated from a crime scene, this helps authorities narrow down searches for individuals with traits that correlate with signatures of the crime, one such noted profiler was Robert Ressler. In discussing the FBI approach to offender profiling, it is essential to draw focus on the methodology developed by Ressler and how it is utilised by authorities in addition to its strengths and limitations. In this context offender profiling is used when examining crimes involving serial murders of a sexual nature. The FBI profile emerges from stages, the process begins with what is termed the Assimilation Stage. Evidence of the crime scene is obtained, this would include photographs or an in person examining of the scene, a profile of the victim (including their pathology reports), witness statements and DNA analyses of the victim and the offender.
When referring to the legal portion of disparity this is the component that decides the type of punishment that will be issued for the crime committed. For example, three years in prison for burglary. When determining the legal aspect it pertains to the due process of law. What many may not know is that extralegal facts are considered unrelated to the case and should never be used in determining a sentence. If extralegal factors were considered there would be the chance of discrimination if based on someone’s race, religion preference, economic status and so on.