Schmalleger, F. (2009). The Conflict Perspective. In F. Schmalleger, Criminology: An Intergrative Introduction (p. 347). Upper Saddle River, NJ: Prentice Hall.
It is a valuable tool in understanding the structure and limitati... ... middle of paper ... ... need for integrity of the system, the exclusionary rule should not be abolished. The Exclusionary Rule is a necessary element to ensure law enforcement agents are upholding their sworn duty; and to ensure that liberty, property, and privacy are not compromised. References: Champion, D.J. (2009). Leading U.S. supreme court cases in criminal justice: Briefs and key terms.
Time after time in American history, its guidelines and effectiveness have proven that the Constitution is not a document to be disregarded. Therefore, the Constitution of the United States should be looked at as a paradigm and fully relied on for all political decisions of this country. In order to learn from the Articles of Confederation, many quandaries needed to be reanalyzed. Perhaps the most important of these to the Constitutional Convention was the powers of the federal government. The framers had much experience with the disastrous effects of power corruption and thus proposed the inception of the three branches of government.
Constitutional Due Process Prior to entering the US Supreme Court building, one can look up and see the words, “Equal Justice Under Law.” The idea that anyone in this country is able to have their grievance heard and judged is all too important to how we continue to develop as a society. But is justice really equal? Is our criminal justice system in particular, due process of law, equally applicable to all citizens or is it a defective or deficient idea? Consider for example the case of Gideon v. Wainwright (1963) and the landmark decision that held all are entitled to a defense attorney. The Gideon case is so important in that it placed a spotlight on the injustice or unequal treatment citizens were receiving by state courts.
The defendant must preserve his or her constitutional rights. The prosecution and investigators must also be accountable to these rights to ensure that the judicial system in this nation does not become a mêlée of wrongful or unfair convictions, which may be motivated by speed and necessity, rather than good experienced police and legal work. It is also important to note that many legal violations of the disclosure laws and events that would obtain the use of the exclusionary rule have ended in false convictions, giving further proof to the efficacy of the law. The rules for presenting evidence are designed to help the court and jury establish truth and administer justice (Paul B. Watson, 1986).
Everyone’s role is important in the criminal justice system. The prosecutor mainly pursues a case, the defense attorney defends the offender in the case, the victim reports the offense against them, and the criminal cooperates with the courts to get the least possible penalty. Alternative sanctions can help offenders by rehabilitation. The four individuals are vulnerable to victimization, hence each must play his/her role well with substantive evidence to ensure the objective of the achieved system. As stated before, the criminal justice is essential to society it protects innocent citizens and punishes those that do harm.
Social control is exerted through formal social control and informal social control. Formal social control is “efforts by official agencies, acting in their designated capacity, to constrain and direct the conduct of people (Welch, Lecture, 2011).” Formal social control uses codified rules and regulations, or laws, which are punishable if violated. The criminal justice system uses formal social control in its practice. When individuals vi... ... middle of paper ... ...ast as they could. If the police were more concerned with protecting Ron’s due process rights, Ron would have been protected from such an overzealous investigation and prosecution.
It may be in best interest of law enforcement, to review the records of this informant. It is not wise to decide the future of a suspect on the basis of another’s testimony. This is why investigators need to strengthen their ability to listen and evaluate the information received by an informant in the most careful way possible. A solution here, is that anyone who submits their claims to the police department offering information that maybe depicted as valuable, must be well evaluated and studied as investigators may never know the motivation behind their actions. In other words, a well constructed, thorough debriefing can and most
This may be difficult due to corruption within the criminal justice system. When police officers and administrator successfully operate within the law, the public feels safer. This is important to police systems, administration, and practices because in order to enforce the law, you must first abide by it. The deontological ethical systems relate to legality when it comes to police corruption and upholding the law. According to the deontological ethical systems, the nature of one’s action must be morally right, adhering to the rules of their position.
The main focus of this essay will be on the Judiciary. Workers in the criminal justice system range from those who actively participate in deriving the sentences for crimes committed to those who provide support services. Those who actively engage in the conception of sentences range from the local magistrate, the judges within a certain jurisdiction, up to the appellate and Supreme Court judges. The lawyers and attorneys, on the other hand, provide prosecutorial services and defense services depending on whether they are representatives of a plaintiff or the accused. The police and paralegals provide investigative services and legal support respectively.