Criminal Procedure Essay

1097 Words5 Pages
Criminal Procedure Policy Paper CJA/364 May 1, Due process is the legal requirement that the law must respect the legal rights of every human being. The due process model demands a careful and informed consideration of the facts of each individual case. According to this model, law enforcement agents must recognize the rights of suspects during arrest, questioning, and handling. In addition, constitutional guarantees must be considered by judges and prosecutors during trials. The primary mission of the due process model is to protect innocent people from wrongful conviction. It is doubtful that many would argue against the fact that we must engage in significant efforts to protect those who may be falsely accused. However, many argue that while the due process model focuses upon the rights of the accused it ignores the rights of victims. due process model does not limit itself to the Fourth Amendment. The police must also consider the individual rights of the accused in respect to many of the individual rights guaranteed by the Bill of Rights. The due process model explains that the main focus should be on the protection of an individual's rights. All acts should be accounted for and make sure that rights are not being violated. Under the due process model an individual is innocent until proven guilty. Due Process 1. Prevent and eliminate mistakes 2. Assumes CJS is error-prone 3. Protects the truly innocent 4. Legal guilty 5. Treated as innocent until guilt is proven Crime control model, The crime control model explains that a criminal's conduct is the most important part of the criminal justice system. The model further explains that if law enforcement does not keep control of misconduct than society as a whole will suffer. Individuals are born with rights and freedoms and if there is not a stand against criminal activity than it is

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