The Crime Control Model and the due Process Model in The Brothel Boy Essay

The Crime Control Model and the due Process Model in The Brothel Boy Essay

Length: 563 words (1.6 double-spaced pages)

Rating: Good Essays

Open Document

Essay Preview

There are two main models in the criminal process, the crime control model and the due process model. The crime control model focuses on repression of crime in a speedy and conclusive way. The use of “presumptions of guilt” speeds the process up because very little evidence is needed against the suspect for them to be considered guilty. In this model, it is believed the laws should be stricter, the police force should be increased, and the sentences should be more intense. The due process model has more steps and is more dependable. It focuses more on investigation and finding all the facts. This model pays attention to the person’s rights and liberties as stated in the and the limited powers of the government. The due process model also takes mental illness into consideration, whereas, the crime control model does not. In The Brothel Boy, Mr. Blair used the due process model. Mr. Blair did not think the brothel boy should be as harshly judged and persecuted for his actions because he did not know any better and did not know what he was doing, he was “just like an animal.” Dr. Veraswami, contrarily, uses the criminal control model. He thinks the brothel boy should be treated as everyone else would, and should be hanged for what he did (Packer).
Mala in se and mala prohibita are the two different types of crime. Mala in se means that the crime committed is morally wrong, usually involving harm to someone or their property. Crimes included in this type of crime are murder, rape, theft, etc. Mala prohibita crimes are not exactly wrong per se, they are just prohibited. Mala prohibita crimes are speeding, public intoxication, etc. The crime in The Brothel Boy was a mala in se crime. It is mala in se because rape is rather universall...


... middle of paper ...


...t he knew (Cole, Smith, and DeJong, p. 64).


Works Cited

Cole, G. F., Smith, C. E., & DeJong, C. (2014). The Criminal Justice System. Criminal justice in America (7th ed., p. 64). Belmont, CA: Wadsworth Cengage Learning.
Crimes Mala In Se. (n.d.). - Criminal Law Crime Classifications. Retrieved February 09, 2014, from http://www.lectlaw.com/mjl/cl018.htm
Dean of Students. (n.d.). Office. Retrieved February 9, 2014, from http://www.clarku.edu/ offices/ dos/survivorguide/definition.cfm
Packer, H. L. (n.d.). Two Models of the Criminal Justice Process. Two Models of the Criminal Justice Process. Retrieved February 09, 2014, from http://userwww.sfsu.edu/ kwalsh/h_packer.htm
UCR Program Changes Definition of Rape. (2012, March 14). FBI. Retrieved February 11, 2014, from https://www.fbi.gov/about-us/cjis/cjis-link/march-2012/ucr-program-
changes-definition-of-rape

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about The Due Process And Crime Control Model

- 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....   [tags: Police, Crime, Criminal justice, Law]

Good Essays
1205 words (3.4 pages)

Essay on Due Process

- Due Process The phrase "innocent until proven guilty" has been quoted for many years. In our society, we have labeled the accused person either guilty or not guilty without giving that person or persons their rith of due process. Webster's New World College Dictionary Fourth Edition says: "Due Process is the course of legal proceedings established by the legal system of a nation or state to protect individual rights and liberties." Due Process will allow an accused person time to go through the court proceeding, in hope of proving his or her innocence or guilt....   [tags: Justice System Due Process Law Essays]

Good Essays
444 words (1.3 pages)

Comparing the Due Process and Crime Control Model Essay

- 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....   [tags: Criminal Justice]

Good Essays
859 words (2.5 pages)

Due Process Model versus Crime Control Model Essay

- There are two distinct types of models that are found in the English criminal justice system. These are the crime control model and the due process model. They vary in their characteristics and are considered to take divergent objectives. Basing on their evident differences, one of them is actually considered being more effective than the other if the new wave and rate of crime being witnessed in the society is anything to go by. This paper therefore seeks to identify some of the differences between these models and point out that which is considered as effective in dealing with rate of crime in our current society....   [tags: Criminal Justice ]

Good Essays
850 words (2.4 pages)

The Consensus, Crime Control, and Due Process Models Essay

- The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately....   [tags: Criminal Justice]

Good Essays
1618 words (4.6 pages)

Essay on American Legal System Are Guarantees Of Due Process Found?

- American legal system are guarantees of due process found. The “Due Process” law is a term that gives a procedural fairness through a criminal proceeding. The law protects an individual rights through the Bill of Rights. The “due-process model” is to “ensure that innocent people are not convicted of crimes.” In 1960 the “ due- process standard” , Chief Justice Earl Warren, had the effort of to protect innocents from the “power of the state in criminal proceedings.” There is a split between “Substantive” and “Procedural” due process....   [tags: Police, Crime, Misdemeanor, Criminal law]

Good Essays
2099 words (6 pages)

Due Process Of The Fourteenth Amendment Essay

- Due Process is a fundamental, constitutional guarantee that 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. Also, a constitutional guarantee that that a law shall not be unreasonable, arbitrary, or capricious (The Free Dictionary). Due process of law is found in both the Fifth and Fourteenth Amendments. The Due Process Clause of the Fifth Amendment, which was ratified in 1791, applies to the federal government and the Due Process Clause of the Fourteenth Amendment was ratified in 1868 and applies to state government....   [tags: Supreme Court of the United States]

Good Essays
1320 words (3.8 pages)

Due Process vs. Crime Control Model Essay example

- Due Process vs. Crime Control Model      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....   [tags: Criminal Justice]

Free Essays
465 words (1.3 pages)

Essay on Crime Control versus Due Process in Canada

- Crime control and due process are two different ideal types of criminal justice. One could say they are extremes on a continuum. The role of crime control is to get the criminal off the street and to protect the innocent. The due process model of criminal justice is like an obstacle course, you have to keep going through legal obstacles to ensure in the end you convict the right person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts....   [tags: Criminal Justice Papers]

Free Essays
1075 words (3.1 pages)

Due Process Revolution Essay

- Due Process Revolution The great promise of America that has made a British colony in the 50 States today is Freedom. Many Freedoms which still today cause people to flock to the United States. The history of these freedoms starts centuries ago and has developed, revolutionized, and persisted all the way through today. At the core of these Freedoms is the idea of Due Process, the idea that everyone has rights and freedom until they are deprived of them arbitrarily, or by the will of a just third party....   [tags: Papers]

Good Essays
2593 words (7.4 pages)