Criminal Procedure Policy Paper Victor Murphy Criminal Procedure CJA/364 Michael Chiriatii Jr., JD April 18, 2012 Criminal Procedure Due Process Model There are two models of criminal process and each of them has opposed the other for years. They are the due process model and the crime control model. If we go by the words of Zalman, it is stated that the standard that any person will not be underprivileged of his life, his liberty, or his property without having a suitable legal course of action and protection that is set in place under the due process model. The due process model works under the guidelines that any person or persons who have been charged with a criminal act is to his or her rights protected by the justice system. Police officers have to go on the possibility, supreme trustworthiness of police fact finding, treats the person(s) arrested as if he or she were found guilty (N.A., 2008).
In this essay we will assess the usefulness of these functionalist theories, and look at how it helps us explain crime. One functionalist who tried to explain crime is Merton and his strain theory, the strain theory argues that people engage in the deviant behaviour when they are unable to achieve socially approved goals by legitimate means. Merton explanation combines 2 elements; structural factors- society’s unequal opportunity structure, cultural factors- strong emphasis to achieve goals and weak emphasis on using legit means. Merton uses the strain theory to explain some patterns of crime in society, he argues a person’s positioning in society affects the way they adapt or respond to the strain to anomie. Merton gives 5 different types of adaption; Conformity- the individual accepts socially acceptable goal and achieves it through legitimate means, Innovation- Individual accepts the role of success and wealth but uses illegitimate means to achieve them, Ritualism- Individual give up on legitimate goals but still follow strictly to the rules, Retreatism- Individuals reject legitimate goals and means of achieving them e.g drug addicts, the final type is Rebellion- Individuals reject existing goals and means but replace them with new one in desire to bring about revolutionary change.
Ryan Silva Criminal Procedures Wed 6:30-9:35 pm Differences between Due Process and Crime Control Due Process focuses more on the rights of individuals whether it be the private citizen or an alleged suspect being tried for a crime, while maximizing the government efforts to stop or prevent crime. The trick is how successfully execute both without sacrificing one for the other, One could argue that this is the liberal perspective of the crime prevention module. Supporters of this perspective want a defendant to properly go through the entire justice system from beginning to end without, including exhausting the number of appeals allowed calling this the “obstacle course” (Worral p.14). Crime Control on other hand focuses more on the prevention of crime at any cost. Could be considered the conservative approach to the crime prevention module.
Two Models/Criminal Process Ashley Lawrence CJA/364 June 8,2013 Mathew Taylor Two Models/Criminal Process Two models within the criminal justice system play very important roles. One may say that within the political world the two models may even conflict with each other. Crime control model may be more liberal focusing on society and crime, which as for due process is to focus more on a fair opportunity for the one that is accused and many see it as conservative. The 4th, 5th, 6th, and fourteenth amendment all play important roles within the due process model, and the criminal justice system, to make sure everyone is given a fare trial. Due process occurs when fare treatment is given throughout the judicial system.
They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances). ● Civil lawsuits against government officials—the police, mainly—can be filed when neither the exclusionary rule nor other criminal remedies apply. Section 1983 litigation requires the plaintiff to show that a constitutional rights violation was committed by an official acting under color of state law. Section 1983 lawsuits can be filed against individual police officers, supervisors,
These things are no joke. One of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. This tension is illustrated by the debate over whether defendants have the right to be represented by an attorney. Whether or not those accused of a crime should be vigorously defended by lawyers, and whether lawyers should even accept such a case in the first place goes to the heart of the issues in Criminal Justice: Opposing Viewpoints. The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform?
“It is a person’s environment that leads them into criminal and deviant behaviour.” This essay will firstly define deviance and crime in sociological terms. It will explore how deviance and crime are defined and who defines them as such. Considering the moral and legal aspects of deviance and crime. Secondly this essay will consider some of the many ideas and perspectives around the reason for and the continuation of crime and deviance in society. As a conclusion this essay will take into consideration whether the perspectives outlined are external or internal in their description of reasons for crime and deviance and try and determine the relevance of the arguments.
The contrast to the is the Due Process Model in which is directed to the people of society and the rights, liberties and far justice for all, in which people are worried it limits the power that that state and federal government has on the proceedings in the criminal court system. The Crime Control Model has different priorities by look more towards the state and federal governments to protect society and does not care of the individual liberties. The Due Process model and The Crime Control Model are two different ways that people view the criminal court system. Each side has it supporters and can raise a valid argument as to which one works and to which one does not
If we examine closer, the purpose of extradition we are left that, is to prevent criminals who flee from a jurisdiction to escape from punishment for criminal offence they have been accused or convicted of. Now, the question arises whether the very objective is sufficient enough while the concept of extradition purports to bring the convicted into home jurisdiction? When we see though glass of a great jurist Dr.UpendraBakshiwho refined an immense contact in realm of what constitutes human right?whether a legal person a human
Describing crime and deviance is varied across different cultures; history; social situations and place. It will look at the bodies that measure crime and look at the reasons why they are not accurate. There are several differences between crime and deviance, deviance is a violation of the social norms whereas crime is a violation of the laws of the land. Society has no power for deviance but the government can punish with crime. Much behaviour that was seen as deviant in the past has today become a criminal offence, as with crime behaviour seen as criminal is now seen as deviant.