(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. Some of the differences between the due process model and the crime control model are in the due process model people that are arrested are perceived to be innocent until proven in a court of law. The crime control model believes that the people that are arrested are guilty and need to be punished by the government. Another difference with both models is the due process model believes that policing within the criminal justice system is essential to maintaining justice within society. The crime control model believes that the arresting of people in the criminal justice system has a negative effect and slows down the process of the criminal justice system.
Instead of viewing these theories as contradictory, preferring the one and ignoring the other, it is contended that Gabriel Tarde’s (Wil... ... middle of paper ... ...ponse to their situation to support their view. There is a valid place for social theories such as the strain theory because, through understanding social factors which may put people at risk of committing crimes, actions directed towards alleviating the strain will result in prevention of crimes by removing some reasons the offender may have to commit the crime. The classical view of criminal behaviour which states criminal behaviour is a rational decision made by the criminal is, provided that the offender is capable of rational thought, indisputable and is the most convincing explanation of criminal behaviour. As a society then, we need to work towards making crime a more unattractive option. Relieving the strain is one way.
The first one is called general deterrence which has the goal of scaring society into not committing crime. This is the part of the theory that helps deter crime. The way this works is by arresting someone and giving them a harsher sentence so the next person who has thoughts of committing that crime can second guess their choices. When we arrest a small portion of offenders it can be beneficial because they are living proof of the consequences that possible offenders can reevaluate (Cullen and Jonson 70). The second kind of deterrence is specific deterrence which targets offenders and scares them into not wanting to return to prison.
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.
Yes, general deterrence may use certain individuals as an example for society, but if the punishment for that certain individual is strict enough and is able to deter others from society from committing crime it is doing its job. “General deterrence are actions to persuade others from committing criminal acts” (Couture, 2014, p.128). I feel more people are being deterred from crime by general deterrence rather than specific deterrence. Also as sanctions take place, incarceration would be best for general deterrence. Incarceration in jail or prison should deter society from committing crimes by people in society not wanting to be incarcerated.
However, the legal and judicial systems have a moral responsibility to make sure criminals see that crimes get harsh punishments. All of society, a person’s parents or guardians, and the media have to make sure the punishments for particular crimes are well known to avoid their respective audiences from making the same mistakes. The rational choice theory is an excellent method to use, provided ample material is given to a criminal to see that crime simply does not
The limits of government power, duties, and also rights of individuals which is the Constitutional Law. Because they don’t they do criminal procedure the series of orderly steps and actions that are need to be taken whether a person accused on the legal rules and principles. They process criminals by going through the Bill of Rights. This was not always like this it took the publication of Crime, Justice and Correction by Paul W.T appan for the Supreme to take action more strict in the criminal justice on how the law enforcement handle crimes. This affects the civil freedoms of Americans because we go by two models, the Due process model and crime control crime
He must vigorously prosecute individuals reasonably suspected of significant criminal activity, but must avoid harassing or disturbing innocent citizens. In weighing these fac-tors, he is obligated to look beyond the immediate problem of winning a case and consider in-stead the fair and efficient administration of criminal justice. There’s too much pressure on the criminal justice system because it is supposed to solve socie-ty’s ills. One of the greatest challenges facing the criminal justice system is the need to balance the rights of the accused criminals against society interest in imposing punishments on those convicted of
On the other hand, the crime control model falls on the conservative view because they believe that some liberties might be sacrificed from the public in order to get rid of any type of crime. According to (Worrall, 2015, pg, 28), “the goal is to move criminals through the justice process with as little delay as possible. If mistakes are made along the way and someone is wrongfully charged or convicted, so be it.” This model is stricter because they believe that a suspect is considered to be guilty until he or she has been proven innocent. They are more concern on the criminal justice, rather than the constitutional rights of the people. Their main goal is to have absolutely no crime on the
For instance, an alleged criminal suspected of a crime has been convicted and this reinforces the views that the system can protect and serve the community. Society admires the idea of convicting people rather than letting them into the society again and risking the danger that can happen. In many cases, officers and prosecutors will use their power to arrest and indict the person that best fits the description of the suspect of the crime. Therefore, the alleged criminal will most likely be convicted based on the description and circumstances of the individual. However, this plainly shows that the system fails to aid the innocent who were merely in the wrong place at the wrong