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.
In his book that was produced at least seven years ago and sought to look at the criminal justice process, Nicola Padfield (2003), the British Criminal Justice author noted that the English Criminal justice system is not what many might consider as a torrent of discrete choice. Diverse sections of the English criminal justice system time and again seem to push and pull in opposing sides, operating in dissimilar and contending plans, hence it possibly should not in any way be termed as a system.
The standard purpose and objectives of the English criminal justice system are multi faceted. Over and above this, its primary goal is to guarantee open protection and security by averting and putting off criminal activities and operations, by trying to change and/ or debilitate reprobates. Similarly, the English criminal justice system also tries to maintain and support the rule of law and reverence for this law. The preservation of law and order in addition to reprimanding and condemning criminals in view of the public belief are the further primary objectives of the English criminal justice system.
Taking advantage of the ...
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...ned criminologists Andrew Sanders and Robert Young (2000), the chronological change from due process to crime control started under the leadership of the conservative Prime Minister Margaret Thatcher during the nineteen eighties period. It was later sustained by New Labor then under Mr. Tony Blair. The spectacular change has proved that above many other things, today effectual crime control and effectiveness in English criminal justice is greatly sought after.
Works Cited
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Packer, H. (1968) The Limits of the Criminal Sanction. Oxford: Oxford University Press.
Padfield, N., (2003). (3rd Edition). Text and Materials on the Criminal Justice Process, London: LexisNexis Butterworth.
Sanders, A. and Young, R. (2000). (3rd edn). Criminal Justice. Oxford: Oxford University Press.
Wright, J. (2012). Introduction to criminal justice. (p. 9.1). San Diego: Bridgepoint Education, Inc. Retrieved from https://content.ashford.edu/books/AUCRJ201.12.1/sections/sec9.1
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
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.
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
Criminological theories interpret the competing paradigms of Human Nature, Social Order, Definition of Crime, Extent and Distribution of Crime, Causes of Crime, and Policy, differently. Even though these theories have added to societies understanding of criminal behaviour, all have been unable to explain why punishment or treatment of offenders is unable to prevent deviancy, and thus are ineffective methods of control. The new penology is a contemporary response that favours the management of criminals by predicting future harm on society. However, all criminological theories are linked as they are a product of the historical time and place, and because of their contextual history, they will continue to reappear depending on the current state of the world, and may even be reinvented.
U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”
Crime control, consisting of many elements of prevention and punishment, is a widely debated and often contentious topic. Myriad agendas occur in government and society, depending upon the kind of organizational or philosophical objective trying to be met. Political differences are present within the criminal justice system that draw upon certain models, techniques, and methods associated with crime prevention. Society functions as another element in crime control, as often an underlying fear creates a pressure to enact programs and laws. The media enters in as a forum to present conservative and liberal opinions to enact and enforce criminal laws and punishment. A debate over crime often strives to define prevention and punishment, in models that make these terms mutually exclusive, versus a view that crime prevention is a result, and punishment only one possible tool for achieving that result. Different forms of punishment will be discussed in relationship to the criminal justice system as well as the purpose the punishment serves, problems relating to the punishment, and an opinion on improvements and solutions.
Champion, D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminal Courts: Structure, process, and
Newburn, T., (2013) Criminology Tim Newburn. (2nd ed). 2 Park Square, Milton Park, Abingdon, Oxon 0X14.4RN: Routledge.
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
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular