Crime Control and Due Process Model Essay Sample
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Crime Control and Due Process Model Essay Sample
Crime control model and due process mode have been two models that have been opposing each other for along time in the criminal justice state. There have been ranging debates on the best model that should be applied in the criminal justice system. The two model present way of looking at and administering criminal justice in the society though thy take different approach. This paper will closely at the two models and compare their applicability to the criminal justice system in order to come up with the best model that can help in mitigating the level of crimes in the society.
Due process model
The due process code is the principle model that postulates that an individual cannot be deprived of their life, liberty or their property without appropriate legal procedures and safeguards. As such this model takes a moral approach in respecting individual and protecting them from the excesses of the law. In this regard any person who is to be charged with any crime is required to be protected by the same law. This model protects the right of individual and assumes that though individuals may be convicted of crimes they have the right to be protected by the law. This model has been protected by many activities who try to argue that even convicts have their human rights that need to be protected. (Roach, 1999)
The due process model is one of the most important models that support the criminal justice system as it seeks to separate the power of different bodies that are involved in the criminal justice system. In this regard it seeks to separate the police force from the judiciary and at the same time from the correction system of the criminal justice process. This model portrays the criminal justice system as a process in which individual should go through in order to be declared as convicts. It upholds that notion that individual are innocent unless they are declared guilt by a court of law. It seeks to protect the rights of individuals under the criminal justice system since one has to be proved guilt before undergoing any kind of punishment.
The due process model support the fact that the most import function that can be played by any criminal justice system is that of proving a due process which will be used to judge individual. This system should be impartial and practice the highest level of fairness befog it declares individuals as convicts. Therefore one of the most important postulation of this process is the impartial fairness that the law courts should practice while dealing with suspects. It does not mean that justice because one has been suspect of having committed a crime, one is outright a convict. There must be a system of investigation and trial which will prove the guiltiness or the innocence of the convict. (Slobogin, 2005)
One of the most important steps in any criminal justice system is giving the suspect a chance to defend themselves. The police force cannot considered to be that much perfect which means that from time to time, it will be making mistakes and it may arrest innocent individual. That is why the criminal justice system should give individual a chance to defend themselves and present their evidence same as the police force present their evidence. In this regard, the process will be seen as fair and acceptable to all people.
The due process also postulated that the criminal justice system must concentrated on the right to the defend at and not the right of the victim. This is because the international bills of rights provide first the position for the rights of the defendant. This is important in order to give the individuals a chance to defend themselves before on the accusation since this is seen as their rights.
Therefore we can say that the important of the due process model in criminal justice system is to provide for a way in which individuals will have their rights observed and which will help suspect to undergo a fair trial where they will be given the chance to defend themselves. This will ensure that the process is impartial and individuals are convicted beyond any reasonable doubts.
Crime control model
The other interesting model of criminal justice system is the crime control model. Crime control model asseums that the purpose of the criminal justice system is to bring crime used control and hence the police force should treat any suspect as convicts since they have been arrested on accounting of having committed a crime. This mode is based on the absolute reliability of the police force in their effort to find facts on the crime and therefore they are allowed to treat suspects as convicts. This model does not provide for the protection of the right of the individual person in regard to the application of the law. (Chelle, 2007)
Unlike in the due process model in which individual are arrested and await to undergone a free trial system where they are likely to be proved guilty or innocent, the crime control model assume that once arrested individual are supposed to be treated as convict. This means that once the individual are arrested they lose their rights and hence are treated like other people who are convicted. Once the are arrested they need to be punished by the authority regardless of what they have been proved to have really committed the offense or not.
Crime control model therefore believes that arresting individual in the criminal justice system may have negative effects and may slow done the process of the the system. Therefore the model postulate that once arrested, suspect is supposed to be punishing without holding them in the criminal justice system. The model refutes holding of criminal awaiting trial on the fact it set bad precedent and in a way it acts as an incentive the encourage other people to commit crimes.
This model assumes that the purpose of the criminal justice is to decrease crime and hence it should not be involved in proving the innocence or guiltless of the suspects. It supports the radical methods of dealing the criminals in the sense that crime result from personal irresponsibility and hence individuals should be ready to undergone punishment as a way of paying for their irresponsibleness. Therefore this model supports the punishment of criminal as away of reducing the rate for crimes in the senses that it will discourage others from committing crimes.
The model supports a quick way of dealing with criminals and hence it does not see the need of having to take the criminals through a lengthy criminal justice system. It postulates the faster the criminal justice systems, more efficient will be to deal with criminals. This is because the time spent in the legal process could be spent by the same force to deal with criminals.
The model also postulate that the more severe the punishment, the more effective will it be to deter crime. One of the reason that has contribute to increase rates of criminal in the society has been the release of suspect without any punishment which gives them a perception of inefficiency of the criminal justice system. Therefore it views server punishment as one of the best ways to deal with criminal and to deter them from committing other crimes.
Therefore this model supports any process that will help the criminal justice system to deal with crimes in a more efficient manner and in a much faster way since it makes the way against crime more efficient. It sees repression of crime as one of most important function the criminal justice system should live up to.
Which of the two models should be used?
It can be difficult to come up with a decision of the most efficient model that should be used when dealing with crimes. This is because each of the two models deals whit criminals in one way or another and they only different in the approach that should be use when dealing with criminals. One of the similarities between the two models is that they both recognize that the crimes should be dealt with in an effective manner.
If the due process model will have to prevail it will be supported by a number of assertions. This will be because it will be recognizing the most important function of the criminal justice system is to provide a process which is fair and practice under the law so the individual will either be proved guilty or innocent under any provable doubts. It will also be in defending the right of the defendant as a human and the right of the suspect to defend him or herself on the accusations. It will also be supported by the asserting that police powers needs to be limited in order to prevent the public from the excesses of the force in respecting the rights of the individuals. It will also be support by the assertion the right so the constitution are not just technicalities and the criminal justice system must hold the right and procedures that are postulated by the constitution as regards the process. One of the most important assertions of the model is that the authority should not be holding individuals as guilty upon arrest but they should be considered innocent until they are proved beyond any shadow of doubts to be guilt of the offence. This should only be through a legal procedure that is absolute fair and impartial.
On the other hand in the crime control model will have to prevail, it will be supported by the assertion that crime suppression is the utmost function of the criminal justice system that should be performed though the most effective and fast process. It will be supported by the assertion that criminal justice must concentrate on vindicating the right of the victims rather than the right of the defendant. It will also be supporting the expansion of police powers in order to make it easier to investigates arrest and convict the suspects. It is supported by the fact that legal technicality block the efficiency of the police forces to deal with criminals and also slows the conviction of the criminals. This model will also be supported by the postulation the main objective of the criminals justice process is to dig out the truth or work to establish the factual guiltiness of the accused individual.
Therefore in order to come up with the best model that can be applied in the criminal justice system, we have to make a judgment based on the value of the process. In the read we will see that crime control model represent more conservative values while the due process model looks more liberal. Though this may be influenced by the nature of crime and history of crime in a country it is obvious that the strides that have been made in the world as far as human right is concerns may not allow us to use the crime control model. This is because the respect of the rights of every person has infiltrated to the community and individual are more aware of their rights than ever. Therefore I think that in order to mark the process fair and to prevent convicting the innocent, the due process model should prevail as it provides fro a more liberalized way of dealing with crime.
Chelle, H. (2007). Crime Control Model. Retrieved from, http://www.gather.com/viewArticle.jsp?articleId=281474977196737 n 15th April 2008
Roach, W. (1999). Four model of Criminal Process. Journal of Criminal Law and Criminology, Vol. 89. Retrieved from http://www.questia.com/googleScholar.qst;jsessionid=LGPFYDrx4jNxzXcpRqKmJQK5hqGkztnswssnL2pd12FJJ2n34vNK!1928075767?docId=5001293528 n 15th April 2008
Slobogin, C. (2005). Reconceptualizing due process in criminal justice: contribution from Law and Social science. Bepress legal series, university of Florida. Available at http://www.google.com/search?q=crime+contorl+model&hl=en&start=10&sa=N