Due Process Abstract This paper will discuss the concept of Due Process and how it affects the criminal justice system. In addition, the reader will also gain knowledge of how the adversarial system works. Also the rights of the accused and the process after a crime has been committed through post-arrest procedures will also be discussed in detail. Due process is envisioned to provide citizens of the United States with protection from government infringement on legal rights to life, liberty, and property without due process of law. The government cannot deny a defendant convicted of a capital crime of his or her life before the appeals process has been depleted.
Both of these functions are important for the protection of the public safety and the operation of the system. Adjudication is one primary focuses of the courts today. This means that the courts have to decide who is going to have to answer for a criminal act. If there wasn’t adjudication, prosecutors would be filing charges in vain. Courts play an important part in determine who is and isn’t guilty.
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
Different sociologists have presented different theories and concepts to explain what drives a person to commit a crime, and research and statistics give us an idea of the type of crimes committed and the places that they’re most likely to occur. However, these statistics can prove to be misleading as not all crime is reported to or recorded by the police. This can be referred to as the ‘hidden figure’, and it differentiates between the official crime rate and the real rate. Despite this, they do prove to be worthwhile in the fact that they display trends and patterns of crime. Sociologists use three different methods to measure crime; each method provides us with particular information and as in all systems of data collecting, there are strengths and weaknesses to the method.
Because criminal profiling so greatly depends on the accuracy of information connected with the crime and the community, profiling should not be viewed as a process that can be properly conducted separate from investigative effort. Also, because additional information may be incoming and previously acquired information may prove to be erroneous, profiling should be considered an ongoing process that does not end until a suspect is arrested and convicted. To date, the general procedure has been to send in crime scene and autopsy information and limited details concerning the crime and the victim to a profiler who then sends back a report. The process pretty much stops at this point. It is never explained how the profile impacted the course of the investigation.
This criminal law website is determined to keep people who are under investigation or have already been arrested, to keep their record clean and out of jail. These investigations can be for sex crimes, assault, and DUIs. Criminal laws for these statues are hard to prove innocent. Mainly for these cases a plea deal or as a defense attorney you hope that the cop did something wrong. Sex crimes are very serious and law
Well, the defense attorney is supposed to protect the defendant's rights prior to trial. In a civil case, the defense attorney will file papers responding to the plaintiff's case, will investigate the case, talk to the defendant, talk to witnesses, gather evidence, get ready for trial, and negotiate with the plaintiff. In a criminal case, the defense attorney's role is even more strongly aligned with the defendant, to do everything they can to try to prevent the defendant from being found guilty; whether that's by going to trial or negotiating a plea bargain. Most criminal cases end with the defense agreeing to plead guilty to something. It's the defense attorney's role to try to get the charges reduced as much as possible.
This is not only to keep track of who has what, but in the event something gets misplaced or lost it can be quickly found where its last location was. It is also used to make the evidence legally admissible in court due to the fact it was made tamper resistant and protected by the chain of custody (US Legal, 2012). With the thought of tampering with evidence or a crime scene overall the thought comes to mind of the mass media storming the site of a crime. Nothing can destroy evidence faster than the stampeding circus of media all over an improperly secured crime scene. In such cases as Branzburg v. Hayes and Richmond Newspapers Inc. v. Virginia, the Supreme Court ruled that media presence at Supreme Court hearings was allowed according to the 1st amendment.
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.
Legal Studies Assesment task 1 Discretion is part of all criminal processes, from reporting a crime, and the police deciding which crimes to investigate and which to ignore, to who gets arrested and what charges are decided upon. Decision making in criminal justice involves more than the learning of rules and the application of them to specific cases. Decisions are based on discretion, that is, the individual exercise of judgment to make choices about alternative courses of action. Discretion, or making decisions without formal rules, is common in criminal justice. Discretion comes into play whenever police make choices about whether to arrest, investigate, search, question, or use force.