Ethical Considerations for the Investigator and Prosecutor in Homicide and Rape The investigator and prosecutor play very critical roles, roles that are only fairly fulfilled if all parties are as ethical as possible. Failing to act ethically can lose a case, set a criminal free or could even mean someone innocent going to prison. While ethics in every single type of case are important we are going to examine homicide and rape. Both homicide and rape leave the public hungry for answers. We must be sure that finding those answers are done ethically from the crime scene to trial.
There is also agreement on an adversary system, procedural due process, and one’s day in court (Zalman, 2008). The most important function of the crime control model is as stated by Packer (1968), ‘the repression of criminal conduct by the criminal process’” “because public safety is essential to personal freedom” (Zalman, 2008, p. 5). The presumption surrounded by this value system is, in American society there will be a breakdown of public order if law enforcement does not keep a tight reign on criminals and their activities, and citizens of this
The movie “Death Wish” portrays a constant struggle between the due process and crime control models. The due process model of criminal justice expects a lawful fairness to all citizens. Also, this model attempts to protect a defendant’s rights more than the victim. It relies on authorities powers to be controlled by rules and procedures in order to prevent excessive use of their power. Also, it is important in this process to prove a person guilty by legally-found facts and evidence.
Meaning if you don’t have a lawyer then the government shall appoint one to represent you or pay your legal expenses to find one. (Wiki, 2012) the sixth amendment allows several options such as Choice of counsel, Appointment of counsel, Conflict-free counsel, Ineffective assistance of counsel and Pro Se representation. (Wiki, 2012) the right to counsel applies all through the criminal process. State courts must provide counsel at trial to indigent defendants who face even the possibilities of incarceration-and who are charge with any type of crime not just a felony. (Siegel & Worrall, 2010) all defendants have their right to their own counsel and even represent themselves then they waive their right to have an attorney.
If crime goes unchecked, it will eventually lead to the breakdown of public order, and therefore, will undermine human freedom. The innocent law-abiding citizens will invariably become the victims of unjustifiable criminal acts and thus, a highly efficient criminal justice system is necessary to guarantee social freedom. It suggests that efficient criminal justice process should operate like an assembly-line conveyor belt, rapidly churning out cases after cases with closed files as the finished products, as it were. As “quantity” as opposed to “quality” being the over-riding objective of such a system, it recommends that legal procedures that hamper police operations be removed and police powers be expanded to make it easier for the police to investigate, arrest, search, seize and
Due process protections under the Constitution force the state to fulfill its burden of proving its case against the accused. I personally prefer the due process model rather than the crime control model, The crime control model assumes guilt by fact. The person is guilty 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.
The criminal justice system has changed as a whole. In today’s world, the focus is more on the protection and equality of it’s citizens. According to America's System Of Criminal Justice (1967), [Any criminal justice system is an apparatus society uses to enforce the standards of conduct necessary to protect individuals and the community. It operates by apprehending, prosecuting, convicting, and sentencing those members of the community who violate the basic rules of group existence. The action taken against lawbreakers is designed to serve three purposes beyond the immediately punitive one.
Edward Romero Professor Blay AJ 101 22 Oct 2014 Role of punishment in the Criminal Justice System Since the birth of our country non-law abiding citizens have plagued our society which led to the creation and development of our criminal justice system that administers punishment for any crimes committed with-in our society. Punishment for crimes committed is utilized by the criminal justice system as a deterrence that can result in less crimes being committed in the future. The criminal justice system ensures that the correct punishment handed down to a defendant is appropriate for the crime committed which in turn shows future lawbreakers that their crimes will not be tolerated and will be dealt with appropriately. Depending on the crime committed, the evidence collected and how it is presented to a jury of our peers the defendant is usually sentenced to incapacitation (incarceration/capital punishment) or rehabilitation. The criminal justice system ensures that everyone that commits a crime is punished as a result of the crime they commit.
Justice and law: Unit 1 Abstract assignment #1: Law enforcement Fall 2012 Use of force When is it justified? - Is there are any differences between the law enforcement agencies with regard to the question of when use of force is justified. Introduction Even though there are many different types of law enforcement agencies, their common overall goal is to ensure security and maintain law and order. The law enforcement agencies are also responsible for preventing crime and investigating offenses. Too ensure this obligation it is essential that the law enforcement agencies are authorized to use force – even deadly force.
The key difference between these two models is that the crime control model is much more harsh and unrelenting; it emphasizes controlling crime via punishing suspects while the due process model emphasizes careful examination to ensure less innocent people are unjustly convicted. The crime control model places an emphasis on "placing as few restrictions as possible on the ability of law enforcement officers to make discretionary decisions in apprehending criminals"(Gaines). Under this model, courts would be more willing to convict offenders, even with an absence of compelling evidence. For example, a court would be more willing to accept a police officer's account of a homicide without careful cross-examination under the crime control model in order to repress crime. In contrast, the due process model emphasizes "protecting the rights of the accused through formal, legal restraints on the police, courts, and corrections" (Gaines).