This type of legal system exercises the ideal that the supposed offender is considered innocent until proven guilty. This systems premise exercises the idea that both the defense and prosecuting attorneys will work at extreme lengths to make sure that guilty are convicted, and the innocent are set free. Both the prosecutor and the defense have rules of procedure, statute, and case laws that they must fallow. The Constitution also has certain powers and rights that both sides must implement and promote for fair administration of justice. In the adversarial system the defense attorney has the duty to act faithfully and enthusiastically on behalf of the defendant.
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
Persuasive precedent is a decision of a lower court which may influence the higher court, where the legal facts are similar or slightly different. It may also be made by the Judicial Committee of the Privy Council, another jurisdiction or things said obiter. The Supreme Court binds all lower courts and generally binds itself due to London Tramways Co v London County Council 1898. The Practice Statement 1966 says that following precedent is a good thing as it enables us to know exactly what the law is and we can behave accordingly. Despite this, it is stated that following precedent too rigidly may cause an injustice.
Both the federal and state correction systems should ensure that they execute the legislative and judiciary considerations in legal sanctions of offenders. The correction systems objectives should also be achieved so as to uphold the integrity of the criminal justice system. A balance should also exist between the determinate and indeterminate sentencing models. Both the state and federal legislation should have a clear cut of the offences which should be sentenced under the distinct model. In some crimes offenders are not eligible to be released or their cases heard by a parole board, the judge’s sentence should be
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
Courts play an important part in determine who is and isn’t guilty. Adjudication also ensure that the lower courts apply the law right. It helps ensure that judges who make a mistake are held accountable for their mistakes. Appellate courts are important to the criminal justice system. Appellate courts help decide how police officers do their jobs.
Sentencing The objectives of punishment within the United States corrections system are detailed and precise. State and federal objectives of punishment are very similar. Sentencing impacts the corrections system, both state and federal, in a positive aspect. When a crime has been committed and the person is officially found guilty, sentencing occurs in the criminal justice system. Many things are considered throughout a trial in order to determine whether the defendant is guilty.
In these next few pages I will discuss due process and its origins. I will also explain how due process protects the accused against abuses by the federal government. The rights and privileges of a person accused of a crime have its beginnings from England’s writ of “Habeas Corpus”, Latin for “you have the body”. Habeas Corpus requires that a prisoner can be released from unlawful detention through our founding fathers framing of the Bill of Rights (Kelly, 2013). In our modern legal system these include the presumption of innocence, trial by jury, representation by counsel, prohibition against an unreasonable search and seizure and the right to a speedy trial (“U.S.
A plea bargaining allows both parties to avoid a long criminal trail and it may also allow the criminal defendant to avoid risk of conviction trail on a more serious charge. A defendant entering a plea must sign a statement certifying that they comprehend the plea, and are entering into the agreement voluntary and without begin pressured. An Example will be if a defendant is charged with a felony theft charged, the conviction would be imprisonment in a state prison. The offender may have the opportunity to plead guilty to a misdemeanor theft charge, which will carry over to jail time. If a judge perceives that the plea bargain is too lenient the judge has the right to reject the plea and order of the prosecuting and the defense to renegotiate.
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.