The Due Process and Offender Supervision Models Essay
The Due Process and Offender Supervision Models
The criminal justice system has been described on various models for dealing with offenders. According to Herbert Packer’s “Two Models of the Criminal Process” in 1964, he described the criminal justice process in the US as a result of the struggle between the two models or value systems. These two are the crime control model and the due process model. These two differs in their approach in dealing with offenders. The crime control model was described like that of the “assembly-line conveyor belt” since it aims to resolve the case and bring punishment to the offender as efficiently as possible.
This model operates on the idea or “the presumption of guilt” that suggests that if the offender has been charged and arrested then they are really guilty of the crime and deserves punishments. The due process model also aims to convict the guilty but at the same time protect their rights and prevent innocent people from injustices, police abuses and inequality. This method might work in favor of the offender but not with the victims of crimes. It tends to slow down the process and may hinder the truth. This model has been described as the “obstacle course” for an efficient justice system.
A new model also came out which seek to improve the current criminal justice system. These two new models include the punitive and non-punitive model. Punitive model is said to combine the crime control and due process model. This model asserts the retaliatory importance of punishment for the offender together with the need of the victims and the accused. The non-punitive model on the other hand have given emphasis on the attempt to minimize the pain of both victimization and punishment by promoting crime prevention and restorative justice this according to Kent Roach’s Four Models Of The Criminal Process.
The criminal justice models have continued to improve its system as the crime offenders haven’t decrease from the years that passed. The rights of the victims and the offender have been both considered. The models serves as guide for law enforcers to minimize victimization at the same time provide efficient justice system. Community Corrections models The community corrections take many forms and types and each was tried and tested to identify which among is the best method to help rehabilitate crime offenders.
What is the role of community corrections? This community correction pertains to pretrial diversion and intermediate sanctions given to felons or misdemeanants. It also refers to non incarcerative, yet supervised way of dealing with offenders. Community corrections takes the form of probation and parole, day reporting centers, house arrest, electronic monitoring, half way houses and many others. Among these probation and parole are the commonly utilized forms of community corrections. Community corrections operate on basic principles and philosophies.
One of these is reintegration or residential stability which pertains to the need of the offender to be place in a home or community environment. The provision of professional services like medical or psychological assistance is also important. The offenders need to undergo rehabilitation. There must also be accountability between the offender and the supervisor to monitor and evaluate the progress. There is also economic efficiency which emphasizes the need of the offenders to find and hold a job to help them return in the society.
These activities are based on the philosophy of restorative justice, the idea that offenders need to have a complete life change to be able to rejoin in the community once again. Community corrections has helped to lessen the overcrowding of jails, keep the cost of criminal justice down and provide as a final stage of the criminal justice process as mentioned in the Megalinks In Criminal Justice. In offender supervision there are also models or approaches being followed or adapted to be able for the officers to handle the offenders under their supervision and guidance especially in probation and parole.
The Casework Supervision Model of 1900 to 1970 is a model concern with diagnosis and treatment. It is where that the officers saw themselves as “caseworkers”. The Brokerage Supervision Model of 1970 to 1980 identified that the officers are not adequately skilled to deliver specialized services. A Community Resource Management Team therefore is needed to provide services for employment training, drug and alcohol abuse treatment, family counseling and many other kinds of services. The next one is the Justice Model of Supervision of 1980-1995.
It concerns with risk management and control, it also emphasized surveillance to effect compliance with court orders. Another model is the Broken Windows Model which gives emphasis on partnership with police and treatment providers, transparency and program evaluation of effectiveness according to Wes Krause’s Community Corrections. The Models and their Effectiveness in Dealing with Offenders Both the criminal justice system and community correction system have various models or approaches to consider. These models have been adjusted and modified to meet the changing needs of times and to improve its system.
The crime control model and due process model are considered not enough to give justice to victims adequately that is why the punitive and non-punitive models are being adapted in the criminal justice system. The latest models of punitive and non-punitive models seek to remedy the problems that arise from previous models of criminal justice system. In punitive model for example the justice system combines the crime model and due process model to adequately meet the needs of both the offender and the crime victims.
In the non punitive models some agree that punishment is not the solution in solving crime but can be solve through the use of crime prevention and restorative justice and other alternatives to incarceration. In the field of offender supervision, the Casework Model is traditionally and extensively used it is where that the officer becomes the primary agent of treatment and moral recovery. Later models seem to revitalize the existing approach making it more visible in the public and increase the success rate for probationers and parolees.
The Promise of the Current Practices The current trends in the criminal justice system will definitely affect the future system. The future of law enforcement depends on which model will dominate the system in the future. If the Crime Control Model will dominate it is expected that the police will have fewer limitations to combat crime while if the Due Process Model dominates it is expected that pretrial detention will not be use to often and people are entitled to remain free until they are proven guilty.
Also the Restorative Justice will be another alternative for the punitive justice currently used in the US. Reintegrative Shaming a form of restorative justice can also be adapted on the future law enforcement. Technology will greatly affect the current and future trends of criminal justice system. There will be increase in the use of interactive televisions, DNA profiling and DNA database. Electronic surveillance will create greater chance for monitoring of the offenders. In terms of community corrections, it faced issue on whether to devote more on punishment or rehabilitation.
Intermediate sanction programs face a lot of problems like lack of funding and the inability to be as intensive as possible. The caseloads of officers continue to increase in number while the government continues to look for alternatives to incarceration. The community corrections had identified which method worked and doesn’t work out effectively in dealing with offenders. Work Cited Krause, Wes. “Chapter 6 the History of Supervision Philosophy and Practice”. Community Corrections. 19 November 2008. <http://criminaljustice.
csusb. edu/Krause/CJ431/CJ431Chapter6. pdf> O’ Connor, T. “Community Corrections”. 2 July 2006. Megalinks in Criminal Justice. 19 November 2008. <http://www. apsu. edu/> Roach, Kent. “Four Models of the Criminal Process”. 1999. Journal of Criminal Law and Criminology: Northwestern University School of Law. 21 November 2008 <http://findarticels. com> “Chapter 14 Understanding and Predicting the Future of Criminal Justice”. 19 November 2008 <http://www. unt. edu/cjus/Course_Pages/CJUS_2100/2100chapter14. ppt. >