But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Crime maybe controlled by fear of punishment 4. Punishment that is severe, certain, and swift will stop crime They believed in fast punishment instead of long trials. One of the major parts of criminal punishment reform was for fair and equal treatment of accused offenders. Judges could punish criminals however they wanted to no matter how severe the crime. Mr. Beccaria and other members of the Classical School fought for punishment to be set by legislative instead of judges having all of the authority for punishment.
How does the plea bargain process help the prosecution? The defendant? The People? Answer 2: A plea bargain is a process where a criminal defendant and prosecutor each reach a mutually satisfactory disposition of a criminal case, with the courts approval. With a plea bargain it can conclude a criminal case a lot faster without a trail.
There is little question that the public leans toward a punishment that is harsher for those who commit acts of armed robber. The public would the people are who innocent and inevitably be the victims who would be the targets for those criminals. The public would be in full support of a motion that punishes those who perform these acts more harshly than they are being punished now in the hopes that the new legislation would act as deterrence. It has been a common theory that harsher punishments would indeed be effective as deterrents to such acts of deviance as armed robbery. Acts of armed robbery that end in violence or homicide tend to render the public outraged and give their voice a stronger demand for justice to be done.
Others may think the exclusionary rule should not be used to enforce the Fourth Amendment. They feel at times it is necessary for the exclusionary rule to not be used. I can understand their position because they are looking at putting the accused defendant behind bars and make sure they are punished to the fullest. At times without the exclusionary rule, the case in court can succeed and get the result the prosecution and maybe even what the public want. Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity.
Justice is the concept of moral rightness based on rationality, natural law, fairness, law, equity, and ethics (Dictionary.com, 2009). Justice to me means giving what that person deserved for what crime they committed or in other terms giving each person their due. I also believe that everyone should be treated the same when being arrested no matter if you are a celebrity or not. There are to many times where celebrities get the easy road and do not even receive any jail time for a crime they have committed. If a regular citizen committed the crime they would receive time in jail for whatever crime in which was committed.
Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
In theory, the use of these alternative methods of incarceration allow the convicted criminal [offender] to be humanely reintegrated into society more effectively than traditional methods. This theory is based on the criminal's possibility of productive membership in society, and the belief of the individuality, or uniqueness of criminals derived from the field of criminology. It also encompasses the preconditions of sentencing, and principles similar to that of the justification of incarceration. Pre-modern criminal discipline constituted mostly of exile, and a variety of corporal and capital punishments. The predominant principle was "an eye for an eye and a tooth for a tooth" (Dodge 3).
Assess the usefulness of functionalist approaches in explaining crime The functionalist approach to analysing deviance and the causes of crime looks at society as a whole. It explains crime that the source of criminal behaviour lies in the nature of society itself rather than in psychology or biology. Functionalists such as Durkheim see deviance as an inevitable and necessary part of society and too little is unhealthy. Some also consider crime to have positive aspects for society. In this essay we will assess the usefulness of these functionalist theories, and look at how it helps us explain crime.
It's time justice put the emphasis of our criminal justice system back on protecting the victim rather than the accused. Any criminal on death row has almost always committed another crime to add onto their punishment. DNA testing and other methods of modern crime scene science can now effectively eliminate most uncertainty as to a person's guilt or innocence. Death penalty pros states that “DNA testing is over 99 percent effective. And even if DNA testing and other such scientific methods didn't exist, the trial and appeals process is so thorough it's next to impossible to convict an innocent person”.