Criminal Procedure Policy Paper
Criminal Procedure Policy Paper
The criminal procedure policy is initiated with a crime committed by a perpetrator. This process for the criminal can end at any of the various steps of the criminal process. As a criminal is process the individual has rights that are provided by the United States Constitution to ensure fairness and justice. The two major procedural models that shape the criminal justice systems today are due process and crime control models. The justice system has used these models for over two decades. The United States Constitution with due process and crime control models has forged the criminal justice processes that exist today.
Due Process Model
Due process sometimes referred to as the due process clause. The clause “Prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness.” (ILL 2012) Due process demands that the justice system considers the facts of the case. Law agent’s primary focus is from the beginning of the arrest, filing, questioning, and handling the case to ensure fundamentals of fairness under the law. Due process model stretches back to early 1200 century to protect defendant’s rights. “Thomas Jefferson set forth the rationale for the establishment of government in a society: to secure the fundamental, inherent, and preexisting rights of the people.”
The Constitution provides individuals in the due process model with unalienable rights. Fourth amendment rights protect individual’s rights as investigating officers can only conduct investigations limited to the scope of the case. The Fourth Amendment and the Bill of Rights expressly provides for the protection of defendants’ rights by due process. As well, privilege against self-incrimination, defendant has an absolute right to not testify and protection against double jeopardy under the Fifth Amendment. Also the Sixth Amendment provisions the accused has the right to an impartial jury, a speedy trial, and confrontation clause to view the person or person that are accusing you of a crime. Factually, the due process mission of this model is protecting guiltless individuals from wrongful prosecution within the system. The Fourteenth Amendment incorporate the Bill of Rights that supports the Due process model set by the framers of the Constitution (Bill of Rights, 1868).
Crime Control Model
The crime control model tends to focus on the emphasis the reduction of crime thru by the increasing of prosecution and police powers. Political persons argue that by using the crime control model measure to combat crime better service the community, “better that a few suffer for the great good of the whole.” The crime control model of criminal justice stresses deterrence through use of harsh sanctions. According to control model, when the criminal justice system operates proficiently, suspected criminals are deterred from committing crimes, and those who do commit illegal acts are apprehended, tried, and punished so that the act is supposedly never repeated against a community or society. Supporters of the crime control model believe that it ultimately punishes and removes more criminals effectively.
With considerations of United States Constitution, the Amendments and Bill of Rights that these documents primarily protect, and defend the rights of every citizen of the United States. Many law enforcement officials state that the Fourth, Fifth, and Sixth Amendments impede the law process. Laws that sometimes allow criminals to exploit loop holes in the constructs of the law to avoid or lesson individual prosecution and sentencing in the courts. Consequently the reasoning behind the crime control model for some state models.
These prosecuting examples prohibit law enforcement officers to relate personal prejudice beliefs, discrimination, and bias to situations. The largest difference between the two models is the crime control model assumes that a suspect is guilty before appellate day in a court of law, whereas the due process of law that the accused to be innocent until proven guilty in court. Declaring that of these two models, one would be superior to the other requires one to make a value judgment. The due process model echoes liberal values while the crime control model reveals conservative values. Today’s political climate regulates the model shapes in the justice policy used in a specific time. The principles and policies of due process predominated in criminal justice of the politically liberal early 1960s. Furthermore, conservatives have formulated criminal justice policies in the image of the crime control model from the middle 1970s to the present day. Constitutional rights are not merely technical jargon but a truth in the United States society to guide law enforcement from state authorities to local municipalities.
As the United States population continues to grow in areas of ethnicity, race, and social groups; so must criminal procedures and policies that must progress to meet the needs of crime control. These policies and regulations must align with the United States Constitution and Amendments to ensure fairness to the appellate. These Amendments and laws must satisfy the victim, and family members be rendered justice by the judicial prosecution and court systems. The criminal procedure models of due process and crime control models are not perfect and need to grow to meet the changes in the culture.
Zalman, M. (2011). Criminal procedure: Constitution and society (6th ed.). Upper Saddle River, NJ: Pearson/Prentice-Hall. Thomson Reuters (2012). Retrieved on 13 October 2012: http:// about reuters.com/fullegal.
Subject: United States Constitution,
University/College: University of Chicago
Type of paper: Thesis/Dissertation Chapter
Date: 30 December 2016
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