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2 aspects of criminal justice system
Chapter 4 criminology criminal justice system
Chapter 4 criminology criminal justice system
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Intro Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases. Theoretical Functions Throughout the history of law enforcement within the United States, theories has been explored and implemented as polices in addressing deviant behaviors produced by humans. Models such as Crime Control through the Conflict perceptive suggest the human nature is persuaded by social opportunities and considered a fundamental aspect of social life (Schmalleger, 2009, p. 347). However, social disorders must be addressed in a cordial and civil procedural fairness; thus, individual rights guaranteed by policies such as Due Process ensure that individuals under allegations are treated equally and just. Although crime and deviant behaviors exist within our communities, policies are intended to reduce such disorders by following cohesive criminal justice frameworks with the intentions of protecting individuals accused of crimes. Crime Contro... ... middle of paper ... ...such policies are conceptualized in an effort to protect the criminal justice process from overzealous use of authority. It would seem that policies and laws regulate more than criminal behaviors. Works Cited Back, P. (2013, January 1st). Redefining the Crminal Justice System. Ebsco Host, pp. 8-14. BOP. (2014, February 18th). About Us. Retrieved from Federal Bureau of Prisons: http://www.bop.gov Oliver, N. E. (2006). Influences on Judicial Decision Making. In N. E. Oliver, The Public Policy of Crime and Criminal Justice (pp. 371-374). Upper Saddle River, NJ: Prentice Hall. Peak, K. J. (2006). Views. In K. J. Peak, Policing America: Methods/Issues/Challenges (p. 263). Upper Saddle River, NJ: Prentice Hall. Schmalleger, F. (2009). The Conflict Perspective. In F. Schmalleger, Criminology: An Intergrative Introduction (p. 347). Upper Saddle River, NJ: Prentice Hall.
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.
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
The social construction of myths of crime and criminal justice seems to follow a series of recurrent patterns. These patterns allow for an unprecedented amount of social attention to be focused upon a few isolated criminal events or issues. This attention is promoted by intense, but often brief, mass media coverage of a select problem. Intense social concern of an issue is achieved by a variety of means from the mass media, government, law enforcement officials, interpersonal communications, and the interests of reform groups whom all play major roles in focusing the publics attention on select so...
The Exclusionary rule requires that any evidence taken into custody be obtained by police using methods that violates an individual constitutional rights must be excluded from use in a criminal prosecution against that individual. This rule is judicially imposed and arose relatively recently in the development of the U.S. legal system. Under the common law, the seizure of evidence by illegal means did not affect its admission in court. Any evidence, however obtained, was admitted as long as it satisfied other evidentiary criteria for admissibility, such as relevance and trustworthiness. The exclusionary rule was developed in 1914 and applied to the case of Weeks v. United States, 232 U.S. 383, and was limited to a prohibition on the use of evidence illegally obtain by federal law enforcement officers. Not until 1949, in the caw of Wolf v. Colorado, 38 U.S. 25, 27-28, did the U.S. Supreme Court take the first step toward applying the exclusionary rule to the states by ruling that the Fourth Amendment was applicable to the states through the Due Process Clause of the Fourteenth Amendment which states: the security of one’s privacy against arbitrary intrusion by the police-which is at the core of the Fourth Amendment- is basic to a free society. It is therefore implicit in the “concept of ordered liberty” and as such enforceable against the States through the Due Process Clause.
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
Walker, S., & Katz, C. (2012). Police in America: An Introduction (8th Edition ed.). New York:
Rutkin, Aviva. "Policing The Police." New Scientist 226.3023 (2015): 20-21. Academic Search Premier. Web. 17 Oct. 2016.
The ethical battles of criminology are being played in the streets with law enforcement and state/local laws attempting to find the methods that do not illegally encroach on civil liberties, but also give law enforcement the tools it needs to maximally solve and reduce crime. New laws are implemented to give the law enforcement those tools, but when people’s rights are infringed the courts have to determine the intricacies of the practices. Court rulings and especially the Supreme Court cases should be studied because it not only reviews the law and the legality for which the consequences for
Pratt, T. C. (2008). Rational Choice theory, criminal control policy, and criminology relevance. Policy essay, 43-52.
The United States criminal justice system is an ever-changing system that is based on the opinions and ideas of the public. Many of the policies today were established in direct response to polarizing events and generational shifts in ideology. In order to maintain public safety and punish those who break these laws, law enforcement officers arrest offenders and a judge or a group of the law offender’s peers judge their innocence. If found guilty, these individuals are sentenced for a predetermined amount of time in prison and are eventually, evaluated for early release through probation. While on probation, the individual is reintegrated into their community, with restrict limitations that are established for safety. In theory, this system
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).
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
In deciding whether to institute criminal proceedings, a prosecutor must balance two competing responsibilities. 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.
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law