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Crime control model and due process model activity
Crime control model and due process model activity
Crime control model and due process model activity
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Question 1
On the first of September I visited the main court complex on Roma Street, Brisbane. During that visit I attended a trial in the Supreme Court. The Supreme Court is the highest court in each state and deals with the most serious offences e.g. Murder and Rape. The Supreme Court can also hear civil matters where the monetary value is above $750,000 (Queensland Courts, 2016; Marmo, De Lint and Palmer, 2012). In Supreme Court trials a jury is often present, the only time a jury is not present is when the defence have opted for a “Judge only trial” (Marmo et al, 2012). The District and Magistrates courts deal with lesser offences such as low level drug offences (Marmo et al, 2012).
Before I went to the courts, I checked the daily
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The crime control model does not distinguish between factual guilt and legal guilt, it deals with them as one and the same. (Marmo et al, 2012). This model of justice is often seen in the Magistrates court where there are less serious crimes and is not usually evident in the District or Supreme Courts. The crime control model is more concerned with speed and maintaining public order, whereas the due process model is concerned with the presumption of innocence (Marmo et al, …show more content…
I believe that the crime control model would have been used during the evidence gathering stage of the investigation and when the prosecution would have been deciding whether or not there was enough evidence to go to a trial (Marmo et al, 2012). The due process model would have been used during the hearing stage of the trial. I believe that Judge Ryrie was careful to be sure that the defendant had a fair trial. I was evident when the jury was out of the room, the defendant seemed to be referred to by the prosecution and the judge, with respect and was not treated unjustly, despite the horrible nature of the crime he had been accused
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
In the case of Alois Dolejs the crime control model, was swift and took the criminal off the streets. The police had a lot of circumstantial evidence, for example, bloody cloths and two different types of blood. On the advise of his attorney, he was instructed not to disclose the location of the bodies, until after the trial.
When examining criminal justice systems it is important to note two important criminal justice models, the due process model and the crime control models. Most governments function based on several aspects from each criminal justice model; these crime models were initially introduced by Herbert Packer in 1968 (Cole, Smith, & DeJong, 2014). The due process model in the criminal justice system reflects the formal decision making process and highlights the importance of ensuring the criminal justice system works upon reliable knowledge (Cole, Smith, & DeJong, 2014). The crime control model is based on efficiency and ensuring crime is repressed as much as possible; this model promotes bargaining and often encourages defendants making deals with
From the aforementioned cases, it is evident to see that the Australian legal system has not always been fair and just, however, over time it has been shaped and moulded to clearly represent what is now considered to be fair and just in our society. From the procedures and presumptions of how the legal system is administered to the law and regulations which determine what is the crime and punishment – these are based on the transparency, equality, freedom from bias, human rights, and established set of rules adhere to the justice and fairness of the legal system.
Herbert Parker introduced two models. One called the crime control model and the other called the due process model. Many argue about how these models affect the society and courts. They argue how one is giving more civilian rights than the other. The criminal justice system goals are to
Nothing in either of these models approaches crime prevention. However, the Due Process Model does require police to follow the constitutional rights of each person and treat each person with respect, which could have the effect of reducing the recurrence of criminal acts in those individuals who are not already career criminals. The Crime Control Model could over time have the opposite effect on crime. Through civil disobedience caused by perceived wrongful convictions by unjust law enforcement officials. In other word, vigilante justice could become part of the equation without the assurance of fair and lawful conduct of the entire judicial process. These models are reactive measures, post criminal act, focused on controlling the processing of individuals through the system. Neither of them address the root cause of crime prior to the act taking place. Factors of criminal behavior such as poverty or economic stress, inequality, family situations, socialization, and criminal opportunity are not addressed in either model. These crime control models simply work on the premise that crime control can be achieved through deterrence of future crimes based on punishments handed down for past infractions. Crime reduction cannot be achieved simply through reactive measures such as these but must be executed in concert with prevention measures, that reduce the motivating factors that lead to criminal behavior (Richerson,
The criminal justice field faces the challenges of getting criminals off the streets, and prosecuting them, while using limited funds and manpower. Citizens expect results, and want to feel safe when they are in their own neighborhood. On the other hand, citizens in our democratic country expect people to be treated fairly, and feel the need to make sure that no innocent people are wrongly sent to jail. It is a balancing act of keeping the community safe on one hand, and on the other, making sure that no one’s rights are violated. It is like being told to do a job, but then having all these rules and obstacles you have to navigate around in order to do your job. The following paper is a study of the differences between due process, and crime control model, as well as assessing which one is more effective with stopping crime in today’s world.
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.
Question two: What is the difference between To begin with, criminal justice is a system that is designed to maintain social control, which means it is a necessary aspect of every society since “Laws are the conditions under which independent and isolated men are united to form a society” (Beccaria, 1764: 16). In other words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies, from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, but also outline different ways to handle offenders; for example, deterrence, rehabilitation, and even retribution. Now, it is important to realize that there is no perfect model for crime control, since there are advantages and disadvantages to every system.
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
For my research paper I decided to observe at the North Justice Center in Fullerton, CA for the morning session. My goal entering there was to watch the process of a criminal trial since I felt that would be the most interesting and would allow me the opportunity to witness all the working parts of our justice system in action. While waiting for the criminal trial to open its doors and start, I managed to come across a post- arraignment court, where I was able to watch a different side of our criminal justice system. This is the side that enforces the punishment and makes sure that restitution is paid for whatever crime was committed. By far the most interesting thing I took from this experience was the differences in how the judges conducted themselves in their courtrooms and the amount of discretion that they were allowed to use. For this paper I will be going over what I observed in both the post-arraignment court and the criminal trial and analyze my findings in a sociological context.
...e that are guilty being more incline to be acquitted, especially if they have the money to support themselves with a good lawyer. Additionally the crime control model is needed for us to have the due process model especially, because the crime control model acts as a filter for the due process model. In the sense that it makes the work of the due process model much easier by firstly screening out the presumably innocent from the presumably guilty.
This report will illustrate a three hour court observation concerning a trial of a Rape case. The defendant was under trial for two counts of rape under the District Court of South Australia. The district court which is an intermediate court, hear matters that are more serious than the magistrates courts, “this court also conduct trials that are presided over a judge and sometimes with juries”. (Reference)
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).