Due process reflects the rights of a person through a fair and equal trial, focusing on the privileges and responsibilities of humans. Americans have the entitlement to receive information on the law and to be informed of the charges against them. Our reflection of the law is understood in popular culture, specifically in crime shows and movies. Although they present us with a background of the legal system, they lack the knowledge of due process because they are not worried about the rights of a criminal; their only focus is to convict the criminal. Gotham and Dirty Harry are two crime shows that offer an understanding of the justice of criminals, but a contradiction of due process in which the ways violence and one’s own rights intermingle. …show more content…
For example, all the killings that have been happening throughout the years, it’s clear that those police officers involved in those killings did what they did out of judgment, not out of a legal point of view. You can’t accuse someone of stealing something or having a weapon without finding evidence of it and then take a person’s innocent life based on a claim. In many of those cases, those killed without reasonable cause and yes, if they happened to be in possession of a weapon, they have every right to be arrested however, they should be protected under due process whether the outcome is positive or negative. As a police officer their responsibility is to defend Americans and while many of them sat back while their fellow workers committed a crime, they were silenced. In the article, “Corruption and the Blue Code of Silence” by Jerome Skolnick, he discusses the loyalty police officers have when police brutality is being committed and the story of Rodney King has several connections to the killing that took place in the past year and recently and it proves that due process becomes unnoticed. For example, “For both media, I pointed out that while most viewers were focused on and appalled by the beating – as I was – I was at least as attuned to the dozen Los Angeles police officers who could be seen watching, and doing nothing to end it”. (Skolnick, 5). The blue code of silence has an effect on due process for the reason that the individual involved is not getting a fair outcome because the police involved are sticking to the standards that they live
One of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial system of justice is based on crime control; the Swiss police had a hard time in Canada with Mr. Belshaw, because of his right to due process, under Canadian law. Both systems of justice share common beliefs, for example, they both look for proof beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then decide if they have a case and turn over the evidence to the judge. The only problem is that the judge decides what will lead them to the truth. How any evidence was collected is irrelevant. In due process if the police obtain evidence and violate the law or a persons charter of rights and freedoms the judge will exclude the evidence from the hearing, even if it would help or prove that the person is guilty. These two systems of justice are generated in democratic traditions.
We then see this play out in discriminatory hiring practices, biased treatment in courtrooms, and the kinds of brutal treatment by police that took the lives of unarmed Black people like Eric Garner, Michael Brown, and Akai Gurley. The result is that our communities are being put in double jeopardy, first by over zealous police and then by news stations serving as PR firms by
One of the first things we need to look at is, what is the due process model? It is a model in which there is the assumption that every effort needs to be done to ensure that an innocent person is not convicted of a crime. It adheres to the belief of strict evidence, which means to show beyond a reasonable doubt that the person actually committed the crime, and the charge meets all of the requirements of the crime. The state in this model is burdened with showing evidence that the person has committed the crime, and the defense has the opportunity to show the evidence in inconclusive. Due to the strict guidelines of admissibility of evidence, and the right’s awarded to presumed innocent people, there end up being many guilty people that get off on a technicality, that should be incarcerated.
The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
The justice system present in the United States is one of fairness, equality, and human rights. In a court of law, all men are created equal and have certain unalienable rights that nothing or no one can take away. What is to happen when these rights are denied, abused, or ignored? It is a frightening outcome when unruly factors destroy the basis of this system. As a victim of injustice once said, “People have prejudices, people have fears, people have hates. These things cloud our ability to reason.” Injustice has a tendency to overshadow reason. How can one feel safe in this country, when no one is totally safe from the sometimes unjust scrutiny of the law? If justice rests on one being innocent until proven guilty, what is to happen when one is to be guilty until proven innocent?
Strong, F. (1986). Substatntive Due process of law: A Dichotomy of sense and Nonsense. Durham: Carolina Academic Press.
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
The New York Police Department has a mission to "preserve peace, reduce fear, maintain order," and protect its civilians in their communities (NYPD, 2016). On the contrary, civilians do not see the police officers as individuals who are there to protect them because they do not trust the police officers or the justice system. In the past few decades, police officers have not been held accountable for their actions in a few incidents where a few unarmed young black males were killed by the police. Communities responded to this issue with the Black Lives Matter movement with protests nationwide to show support for the unarmed young black men who were killed by police. In response to the aggressive policing, methods of using body cameras and detailed incident reporting ...
In the Ferguson article (2015), there was an example given about an African American man claimed that he was standing outside of of Wal-Mart, an officer called him a “stupid motherf****r” and a “bastard.” According to the man, a lieutenant was on the scene and did nothing to reproach the officer, instead threatening to arrest the man (p. 80). This demonstrates that the police in Ferguson had no respect for the civilian and even though the lieutenant was present, they did nothing. The officer was not suspended nor held responsible for this incident. By failing to hold officers accountable, it sends a message that officers can behave as they like, “regardless of law or policy, and even if caught, that punishment will be light.” (Ferguson, 86). This message serves to excuse officer wrongdoing and heighten community distrust. This is also to say that police can possibly get away with murder because they are higher officials and work for the
Fairness when seeing an officer on the street. Not be quick to judge. Just because they see an officer on the street in uniform does not mean that he is bad and out to hurt them. They need to use clarity. Yes, Wilson shot and killed Brown but they need to know all the facts before making a decision on the situation.
Ted Bundy Abbie Springer Serial killer, not really a phrase that pops into your head when you think about the “hippy” era of the 1970’s, when everything was laid back, all about happiness, and peace. Ted Bundy managed to disrupt these ideals and change ever so slightly the way people remembered a time once so focused on world peace. Ted Bundy: Who was he, what was his childhood like, what were his interests, and what led him to pursue these horrid acts? These are all the things you need to learn to try and understand when it comes to understanding killers and their motives. Bundy was born November 24th, 1946 in Burlington, Vermont to a woman who was so embarrassed of him he grew up calling her his sister.
In 1968, Herbert Packer was a Stanford University law professor who constructed two models of criminal process, due process and crime control. The due process model was Packer’s view that criminal defendants should be presumed innocent, courts must protect suspects’ rights, and there must be come limits placed on police powers. The crime control model is a model that emphasizes law and order and argues that every effort must be made to suppress crime, and to try, convict, and incarcerate offenders. Packer’s crime control model suggested that most cases ended in guilty please or withdrawals. In contrast, his due process model suggested that cases that go to trail and are appealed were the most influential. The due process and crime control model differentiate in
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday, forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have when to use force or when to use lethal force.
...y (Edkins & Kansas, 2007). However, both crime control and due process models pose immense risks on the society by the fact that they are allowed pre-trial detention. Nevertheless, the restrictions defined by the constitution on the crime control and due process models regarding criminal procedures, help them operate effectively and efficiently to accomplish the desired activities in maintaining fair justice in the society (Zalman, 2008).
In "a view from the Bridge", justice and law are not presented as being synonymous.