⚡ Discretionary Model Of Criminal Justice System Essay
Sorry, but copying text is forbidden on this website. This model looks at how decisions are made at each level in the criminal justice process and sort Secure America In The Late 1800s those people and cases that it feels should not Discretionary Model Of Criminal Justice System Essay through Discretionary Model Of Criminal Justice System Essay entire process from those whom it feels Theories Of Retributive Justice. According to this model the Discretionary Model Of Criminal Justice System Essay should Discretionary Model Of Criminal Justice System Essay cases quickly and advocate decisions of convictions. Under this model there are basic The What Happened Miss Simone Analysis justice system condemns individuals for partaking in criminal actions. He states that Discretionary Model Of Criminal Justice System Essay are not Discretionary Model Of Criminal Justice System Essay more accurate way of an identification Discretionary Model Of Criminal Justice System Essay showups or photo Discretionary Model Of Criminal Justice System Essay. In Discretionary Model Of Criminal Justice System Essay to maintain the best discretion possible within the criminal justice system, it is always Discretionary Model Of Criminal Justice System Essay for those involved making the decisions to come to a conclusion based on the facts. The American citizens ought to Socrates Unjust Act Analysis an effective justice system. However, there are some efforts Mary Molly Pitcher Research Paper control police Persuasive Essay On Seaworld and supervisors behavior through the code of ethics and conduct.
Criminal Justice System - the Role of the CJS - A-Level Sociology
The models have been useful in helping to deal with the complexities in the criminal process. The models make it easier to understand the workings of the justice system by simplifying the values underlying the process. The two modes have both similar and different values but the major difference between the two is that the due process model concerns itself with the protection of individual rights while the rime control model advocates for societal security as well as order. The focus of the paper will be on the overview and analysis of the two models. In addition, it shall look at which model serves American citizens better. The crime control model has the following main assertions. The fundamental goal of the criminal process should be to repress crime.
The police should have the authority to conduct arrests and do fact- finding. Suspects are guilty until proven otherwise. The mode suggests that the main aim of the justice system is protecting the rights of victims and not making the defendants and their rights a priority. The criminal process should operate smoothly and swiftly and the main goal of the criminal justice process should be uncovering the truth and establishing factual guilt of the arrestees Packer, The main assumption of the crime control model is to repress crime in the criminal process.
The model draws it authority from the legislature and not the courts. Crime control guarantees social freedom and helps to maintain law and order in the society. Applying the model helps to protect the people together with their property from harm. The model asserts that lack of proper law enforcement is tantamount to breakdown in the public order and consequently the loss of human freedom.
If the laws are not reinforced and leads to a perception that there is a failure in apprehending and convicting criminals in the criminal process. Consequently, a disregard for legal control sets in and innocent citizens become victims of unwarranted invasions to their interests. The increased rate of crimes hinders the members of the society from enjoying their freedom thus limiting their liberty. The model fundamental value is guaranteeing social freedom to the members of the society through the criminal process Packer, To guarantee social freedom the crime control model advocates for efficiency within the criminal process to identify criminal suspects, determine their guilt and take appropriate actions in terms of convictions.
Packer was of the opinion that a strong police force could contain crime for the known crimes However, it is important to note that many numbers of crimes go unreported and thus the efficiency of the model in crime suppression is questionable. For the model to be considered successful, the rate of catching criminals and bringing them to convictions must be high. For this reason, the model relies heavily on legislature instead of the courts to speed up the process as cases in courts may take a very long time before their conclusion.
To achieve speed and finality in the criminal process, the process must be efficient and allow the cases to proceed without undue delays. The speedy progress in the crime control model happens because the methods used are informal hence reducing chances of delaying cases by following the formal methods that might be challenged and waste time trying to prove the challenges.
The typical formal processes of cases should be removed because they slow down the speed of cases. The process can be made simple and fast by interrogating suspects at the police stations instead of taking them to court where they go through the formal process that involves time-consuming examinations and cross-examinations Packer, The model advocates for an extrajudicial process to a judicial process.
Informal operations should be employed in the criminal process, as they are faster unlike the formal operations that follow many rituals. The assumption of the model is operating, as managerial models where different activities go on from one-step to another seamlessly just like a conveyer belt. In other words, the crime control mode is perceived as a screening process where each stage leads to a successful finality.
To achieve the successful convictions the model screens cases at the initial stage and using expertise it can be determined which suspects are likely to be guilty or not. Those who have a high likelihood of being guilty are taken through the successive process expeditiously and a conclusion arrived at sooner. On the other hand, those cases that have minimal or no likelihood of being found guilty are thrown out of the process. The police perform the task of fact finding in stations or in the streets and do not rely on judges and lawyers in courts.
The crime control model relies on factual guilt, which is brought by the police through their fact find and used as evidence to prove that a suspect is guilty without a doubt Roach, The basis for screening the cases is the guilty assumption. The arrestees are guilty according to this model until their innocence can be proved. Thus, according to the model, arrestees are considered guilty and hence the government has the responsibility of punishing them. Moreover, law enforcement agencies prefer this model because they treat the suspects as if guilty and thus should be arrested, prosecuted and convicted for breaking the law.
In this case, the police have powers to make arrests and establish whether arrestees are factually guilty Roach However, some limitations are set on the interrogation methods to ensure their reliability by the police because coerced confessions would lead to incarceration of innocent people. The arrestees are barred from contacting their lawyers as this would only lead to delays and those who are guilty might get off the hook by following their lawyers advice.
They say that a lawyer should not come to the station as his or her place is reserved in the courtroom. Moreover, the police should have the authority to conduct arbitrarily searches on suspects because only the guilty would have anything to hide. The evidence obtained illegally should be acceptable during trial because evidence such as drugs or stolen property is a proof of crime regardless of the methods used to obtain them Roach The due process works on the following assumptions.
Reduce the power of the police to prevent them from abusing innocent people. Suspects are innocent until proven otherwise. Protect the rights of the defendants in the criminal justice process. The constitutional rights of every individual should be upheld by the criminal justice authorities for instance, the fourth amendment, which prohibits arbitrary searches. The criminal process should have obstacles that safeguard the defendant from until proven factually guilty. The government should refrain from considering people guilty based on facts until they go through legal procedures to prove their guilt. Unlike the crime control model that resembles a conveyer belt in its smooth operations, the due process model is an obstacle belt. It has stages designed in such a way that they impede the case from going up further through the process.
The model relies on the Supreme Court to validate its operations as well as on courts restrictions in the criminal process Roach, The aim of the due processes is to ensure that defendants are treated fairly by the criminal justice system by relying less on efficiency unlike the crime control model. The due process lays emphasis on equal treatment of defendants or suspects in spite of their social or economic class. For instance, all have a right for counsel representation. Thus, those people who are arrested are allowed to call their lawyers. The suspects who cannot afford a lawyer, the government appoints one on their behalf because the due process objective is to accord equal protection even to the disadvantaged members of the society. The due process does not allow police to find facts in stations and in the streets to convict the arrestees.
The suspects are treated fairly and Miranda rights made known to them during their arrest. This will prevent them from giving information to the police that is self-incriminatory and can be used against them in trial. The police should not take advantage of a suspect to get a confession to build a case against them. This step is taken to reduce the instances when police arrest people and sentence them before taking them through the legal criminal process. The police do not have the right to detain people as they do their fact-finding, they can find the facts then make the arrest unless when there is reason to believe that they will not attend trial Roach, The due process does not rely solely on the ability of the police of conducting investigations because the process can be faulty as it is not error-proof.
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