After that, if need be, the case is brought to prosecution. If the prosecution takes that case, then the case is put on trial. This is important because it shows just what the judicial part of government and the court part of the criminal justice system does, and why it is important. So the court systems job is to interpret the law and bring justice. The dual court system is a system in that there are state courts and federal courts.
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
Also people that are in corrections are there to maintain justice. These three components of the criminal justice system work together to create punishment for individuals that are proven guilty and help to stop them from committing other crimes, all while maintaining fairness, and keeping the rest of society safe. The basic rights of citizens are affected by criminal law by preventing citizens from doing any and everything they want to do. As citizens of the United States, we already have basic rights that we are awarded with by being born an American citizen. Basic rights are protected by criminal law.
Discretion plays in important role in balancing the rights of the community with the rights of the victim and offender. Discretion is judgement which is exercised in criminal investigation by people in authority, such as police, the director of public prosecutions (DPP) and in the trial process by magistrates and judges. In Australia the role of discretion within the criminal investigation system and trial process has many advantages and disadvantages in the way authority deals with achieving justice for individuals. Police powers play a crucial role in the criminal investigation process as they have discretionary legal powers of arrest. The NSW police force is given special legal powers under the law which enable them to carry out their duties effectively, majority of these powers are contained in the law enforcement (powers and responsibilities) act 2002 in order to investigate crimes, make arrests, and gather evidence against the accused.
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.
We must be sure that finding those answers are done ethically from the crime scene to trial. The Investigator Ethical Considerations From the moment the investigator gets a case professionalism, knowledge of laws and procedure is what has to be followed. If at any time the investigator became biased and used emotion instead of just facts of the case could be compromised. Remaining unbiased in either homicide or rape can be extremely difficult for even the most ethical investigators. Handling evidence properly is one of the most crucial points of any investigation.
It is usually recommended that any career use honesty as a quality, but it is extremely important that criminal justice professionals have honesty as well. Law enforcement is occasionally known for being corrupt, and it is so important for our law enforcement officers to be truthful on all applications, reports, and everyday work. This provides for more efficient and trustworthy public servants. The most important reason for honesty is simply to ensure that the innocent stay that way and are not caught in the lies of the accusers. 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.
Prosecutorial Discretion Prosecutors play very important roles in the courtroom. Prosecutors are granted the right by the courts to have discretion upon a case. Although, prosecutors are obligated to execute the law at both federal and state levels, they still hold the discretion of what charges to try and convict the defendant on. Prosecutors have a wide range of authority in the courts; therefore, the active prosecutor(s) must efficiently analyze any evidence being presented in a case in order to determine if the case will be strong enough to withhold a trial or even if the accused defendant is chargeable. In the case of Bordenkircher v. Hayes (1978), the court stated, “so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” Although there are many factors that come into play when a prosecutor is considering dismissing a case, the most prominent issues are state and federal resources, time, and investigative teams.
“Professional Courtesy in Policing" Ethics, or moral conduct, are of major importance in the Criminal Justice Field. If the police force condoned unethical behavior, there would be very little, if any, justice being served. But what is unethical behavior and how do we judge moral conduct? Just as we all see this world through different eyes, we come to decisions through different life experiences. Due to the uniquely stressful work environment, Law Enforcement have created an occupational subculture with its own informal code of ethics.
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