The person who allegedly committed the crime has just as many rights as the victim, and their rights start the moment the arrest is made. The Due Process is a process designed to “guarantee all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property” (Due Process of Law. (n.d.)). People who are in jeopardy of becoming incarcerated for either a short of long period of time are entitled to legal protections such as: a right to an attorney and a trial by a jury of peers. It is services like this that help provide due process of law.
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.
The judges do all the gathering of evidence and questioning of the witnesses before they decide to vote guilty or not. There are defense attorneys and prosecuting attorneys present at trial. Ultimately the trial is to prove ones innocence because they are automatically considered guilty in the Inquisitorial system. To us here in the United States it would be unfair to presume that someone is guilty right away. We try to give people the benefit of the doubt that they are innocent and it is the burden of the state to prove they are guilty.
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.
Therefore, by having sufficient evidence this would be enough to convict a criminal in the court of law. Crime control is based on handling crimes that occur with a quick and effective outcome. For example if the prosecutor does not have strong evidence to receive a conviction there is a slight chance the offender’s case will get dismissed. Therefore, emphasizing the capacity to arrest, and convict a high proportion of offenders in other words put the criminal in jail first and question later. However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution.
When the group with the most power changes, the acts that are considered to be criminal change. Society is affected by the concept of the “choice theory” because it needs to figure out what punishment fits the crime to keep other criminals from committing the same crimes. Society need to make this laws to have control over law and order within their societies. It allows them away to keep law abiding citizens saver in their own
A rule that does so little to protect the law as it was made. The exclusionary rule allows criminals to go because evidence was illegally obtained, but what about the victims of the crimes. It is almost a turntable and they have become a victim for a second time. I am going to discuss the three main reasons why we as citizens should get rid of the rule. One is the releasing the guilty back into society, next is the slowing down of the criminal process and the last thing is the behavior and consequence of the police officers involved in the cases.
In this paper I will tell you what justice means to me in general as well as what it means to me as a future juvenile probation officer. In general, justice to me means that a criminal must be punished for the crime that he/she has committed. To be just and fair, the punishment must fit the crime. For instance, you would not want to seek the death penalty for someone who only committed burglary and you would not want to give someone only one to two years in prison for murder. The punishment should also increase for repeat offenders.
Legal procedures which will stop law enforcement should be excluded. The criminal justice system should operate quickly without delays from the criminal cases and the character of the cases. The arrest of someone should be thought of as being guilty, but in society everyone is innocent until proven guilty. The investigation of the suspect has been done, all facts are in, and so the suspect should be assumed guilty. The process is to discover facts and establish guilt of the
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).