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.
If any citizen tries to misuse his or her basic rights, or take away other citizens, law enforcement is required to take action on it. Individual citizens are empowered by knowing what their rights are because it can protect you from self-incrimination and, keep the criminal justice system from convicting and individual of something they did not do. It can also help you to not get arrested for something you did not do, Knowing what your rights are can also help you know what is criminal from not being criminal, and can keep you out of the criminal justice system. The role of the
Criminal justice professionals play an important role in the court system, and if they lie on accusations and evidence, the innocent become victims of the dishonesty. A second quality that is good to see in the criminal justice professions is to be objective. It is important for our law enforcement and public servants to not let their personal goals, feelings, or prejudice to get in the way of the criminal justice goals. Objectivity ensures that the professionals will make the right choices even when they have reasons that should make them choose otherwise. A simple example of this trait could be a law enforcement officer writing a ticket to someone regardless of the relationship they may or may not have.
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.
Also, it is important in this process to prove a person guilty by legally-found facts and evidence. However the crime control model does not protect a suspected offender’s rights as much. The crime control model is based more on helping the victim, even if defendant’s rights are compromised. This model attempts to repress crime and give expansive power to police. It looks to find guilt rather than prove innocence.
The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
In contrast, the due process model emphasizes "protecting the rights of the accused through formal, legal restraints on the police, courts, and corrections" (Gaines). Under the due process model, the same case would face would be put under a microscope and carefully examined; every piece of evidence, every witness testimony would be scrutinized in order to ensure a fair trial is delivered. The due process is more beneficial to the criminal justice system because it protects everyone's rights equally by regulating the police and courts. The due process model is what separates
They are important for those who are in positions of power, due to their influence on society. Ethics and integrity are imperative in the law enforcement industry because first and foremost, they can ruin lives. A misjudgment from a law enforcement officer can cost someone their freedom for a crime they’ve not committed, therefore, when determining what crime has been committed, the officer has a set of ethical standards and guidelines they need to follow to ensure the individual is not charged for a crime that is more than he or she has committed. Second, law enforcement officers are in a position of power. People in those positions, if not given set parameters, and even when so, sometimes abuse the power and authority that is given to them.
The security organization must know how the law works. From the proper way to collect and preserve evidence to how court proceedings are conducted. When it comes to dealing with perpetrators the security professional must respect the rights of the
Everyone has the capacity to commit crimes but not everyone has the mental capacity or criminal capacity to understand the crime committed. Criminal capacity has a profound impact on the defense process. How can previous court case data support the connection between criminal convictions and criminal capacity? First a little explanation of justification. The definition for justification is a type of legal defense in which the defendant admits to committing the act in question but claims it was necessary to avoid some greater evil (Schmallege, Hall, & Dolatowski, 2010).