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
All these are exceptions of the exclusionary rule do have good points. I do think that these exceptions should be allowed only if they are used correctly. These exceptions are not fully going against the person’s rights, but they are on the boarder of possible doing so. Even though I am for the exclusionary rule and the Fourth Amendment, these exceptions serve as a purpose and I believe they should be allowed. It may be hard for people to understand, but I believe that these exceptions are not abusing the system or the defendant’s
Police force protects our rights as citizens, enforces the law, and it helps shape a society to make moral and ethical decisions. However, one may argue that the use of police force can be too extreme and that it strips citizens of their rights. This issue leads to an important question, should we expand or reduce the use of police force? According to a news article, “The police can be described as a constituted body of persons that are empowered by the state to enforce the law, limit civil disorder, and protect property” (news.linktv.org). Law enforcement constitutes the part of the policing activity itself.
Could be considered the conservative approach to the crime prevention module. Supporters prefer the “assembly line” (Worral p.14) method to expedite alleged criminals through the means of plea bargains to not clog up the courtrooms, which can be tied with quantity over quality. For example, meeting citation quotas or setting up DUI check points, which in essence is for the benefit of public safety; but can also be seeing as a way to increase revenue. One issue at the current moment would be the need for cameras on the uniforms of officers policing the street. The Due Process model would say that it is needed to make sure that officers properly follow procedures while questioning or detaining suspect on the street, in the case that something gets out of hand, a jury can see what actually happened.
When a law does not seek to understand the circumstances, it is difficult to ascertain if a person is guilty of breaking the law. By flexibility one must not misunderstand that laws enforced will be subject to change depending on who the individual is, rather it will remain same for everyone. But the nature might undergo change subject to the right understanding as to why the law has been over ruled and if the reasoning is a plausible one, to be forgiven. By flexibility, one must not misunderstand that the enforcement of laws will be subject to change depending on who the individual is. The laws will rather remain the same for everyone but the
Actus Reus: Omissions The general rule is that omissions will not create criminal liability because offences are defined positively and not in terms of a failure to act although there are exceptions where an offence may be committed through an omission Omissions can only be done, in law, by those under an obligation to act WHICH OFFENCES CAN BE COMMITTED BY OMISSION? Offences in Statute Where a statute specifically provides that an actus reus is committed by omission it will be clear that duty to act has been imposed on a particular class of persons; the scope of any such duty will also be clear - Failing to provide a police officer with a specimen of breath when requested to do so contrary to S.6 of the Road Traffic Act 1988 - Failure to report an accident one is involved in will trigger criminal liability according to the Road Traffic Act 1988 - Failure to report an accident witnessed will also trigger criminal liability - Wilfully neglecting a child for whom you are responsible contrary to S.1(1) of the Children and Young Persons Act 1933 These are examples of statutory offences of "mere" omission - it is mere because it is based on probabilities. It is a conduct crime and does not need to have a negative result Where the conduct is not a crime but its result is harmful, the courts will find criminal liability based on the individual facts of the case Homicide Murder, as in Gibbons and Proctor, and manslaughter (involuntary and voluntary) are crimes which are deemed to be capable of being done by omission Murder and manslaughter are common law offences as are assault and battery which are, generally, considered to be capable of commission by omission Assault In Fagan v MPC, it was found that assault can not be done by omission apart from where the defendant has created a dangerous situation and failed to take steps to prevent it as in
Results seen from different methods are usually dependent upon a secondary factor. General deterrence is the most proactive as it aims to stop crime before it takes place. Simply by issuing a law and making it known there are consequences, one should be deterred with that knowledge. Examples of daily deterrence are surveillance cameras, electronic tags on clothing, metal detectors, and police visibility. All aimed to deter crime and common knowledge to the public.
This element refers to attitudes or level of approval individuals hold regarding morals and laws in general as well as specific deviant behaviours. In Akers’ model, deviant behaviour does not require positive acceptance of the behaviour; instead, morals or conventional values that are weakly held or temporarily neutralised may be sufficient to generate deviance. Clearly, such a proposition has important implications for the intimate violence: the less likely they are to resort
In our society, laws have a tremendous importance, so it is debatable whether laws should be flexible to consider various conditions. I agree with the statement in that laws should be flexible. Granted, rigid laws could reap various benefits. People who recognize that the laws do not be changed would try to abide by laws. This will be beneficial for society to reduce the crime rate.
It holds that, no matter what organizations do, accidents are inevitable in complex, tightly–coupled systems. While the two theories seem at times hard to distinguish, I prefer High Reliability Theory because it asses that accidents can be avoided by organizational attention to safety.