...Essay No. 1 CJE3512 Crime Control Model vs. Due Process Model In 1968 Herbert Packer developed two different models that try to explain the different roles and competing values of criminal courts. These models are known as the Crime Control Model and the Due Process Model. Although they are both very different systems, they each impact the way our judicial system is ran. The Crime Control Model is known to be more conservative while the Due Process Model is more liberal. One focuses on the repression of criminal conduct while the other focuses on respect for and protection of individual rights. (Neubauer, Fradella 2013) The Crime Control Model believes in the repression of criminal conduct. This model focuses on factual guilt rather than legal guilt. They consider that any information from the police or prosecutors should be enough to convict a criminal. “Fact finding-initially by the police and later by the prosecutor- is sufficiently foolproof to prevent the innocent from being falsely convicted.” (Neubauer, Fradella 2013) This model emphasizes on reducing crime in society through increased police and prosecutorial powers. According to this model the courts should process cases quickly and advocate decisions of convictions. The principle of the Due Process Model is that citizens have absolute rights and cannot be deprived of them without legal procedures and safeguards. Adherents of this model are usually concerned with unfair rulings from courts towards minorities...
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...The crime control model’s is the conservative approach to crime with its main focus being the reduction of crime in society, through increased policing and prosecution of those who commit crimes. The due process model focuses on the opposite by favoring individual liberties and rights. The due process model’s emphasis is limiting the powers of the government. Both models have the common ideality of the defense counsel acting as an advocate within the criminal justice system Another similarity of both models is they both believe that criminals should be punished if they violated the law. Our current criminal process falls in between both practices, we are to assume someone is not guilty until proven guilty but that it not always the case. Depending on the crime some cases receive media wide attention which does sway the public and may even affect the outcome of a case regardless of the jury selection. Also, the juror may have an undisclosed bias towards the type of crime, law enforcement, race, gender, the way a person dresses, etc. The most important function of criminal justice should be to provide due process, or fundamental fairness under the law. The crime control model reflects...
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...chance of a kid getting an officer that sees more harm in an arrest than a warning. Just like in the wedding cake model example, everyone has their own views and thus have different reactions to discretion with different people. Simply the courts, officer, prosecutor may choose to let you off with a plea deal or warning if it was your first offence compared to a charge given to a known criminal. Prosecution The Court Process: The court process is here to basically keep everything going like an “assembly line” and to keep things working certain steps have to be taken. Discretion is used here in the way of the crime control model and due process model. Crime control being more of a machine driven to do one thing and one thing only, to get innocent people out and guilty people in, On the other side of things we have due process model which is more of an obstacle course, because of it being much harder to prove guilt. In the long run these two models clash in everyday law but are both needed to have a fair decision, as not all crime can be looked at the the same. Punishment Sentencing Options: Discretion is very thin here. As reason shows if crime drops so should inmate count, then why hasn’t it? Crime continues to drop but inmate count goes up this is because law enforcement continues to put people in jail for unfair amounts of time for not very serious crimes. An excellent example is the whole battle for Marijuana. Incarceration The Jail and Prison System: Jail...
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...Criminal Procedure Policy Paper “A due process model is a type of criminal justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards” ("Due Process Model Law," 2001, p. 1). This model involves two aspects which are procedural and substantive. The main focus of the due process model is the power of the government to protect its society with less focus on the individual liberties of the people. Crime control model is a law that refers to a theory of criminal justice which focuses on decreasing the crime in society through increased police and their prosecutorial powers. Since these two models go hand and hand with criminal justice there will be various opinions of the comparisons and the contrasts. Some of the differences amongst the due process model and the crime control model are that people are innocent until proven guilty in the court of law in conjunction with the due process model. This allows for everyone to be able to receive a fair trial. For those who take the crime control model approach believe that people who are arrested, are guilty and are required to receive punishment by the government. Those who believe in the due process model law feel as though that policing within the criminal justice system is vital to maintaining justice amongst the society. For the individuals who back the crime control model feel that apprehending people in...
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...law practice. Hiding, destroying or tampering with evidence, can also have serious consequence, which is taken very seriously in the courtrooms. If the prosecutorial fails to disclose evidence that might tend to exonerate the defendant, threatening, badgering or tampering with witness can also, lead to jail time. Acting in these action can lead to them being disbarred and fined. The due process control model and the crime control model in evaluating the judicial process. Prosecutors have a big responsibility within the criminal justice system. They act as the legal representatives of the government when cases are filed against people who violated the law. It is essential for prosecutors to ensure that the evidence is sufficient before they bring the case to the court. The standards set by Strickland v. Washington will also be clarified by describing it and its effect on courtroom cases. These guidelines and procedures cover rules in handling evidence, code of ethics, and the rules of the local court. They should also guarantee an impartial hearing for the suspect or the person charged with a crime. Standard guidelines and procedures determine the demeanor of a prosecutor during the case. Prosecutorial misconduct will be committed if the prosecutor does not follow these guidelines and procedures. When prosecutors may not be able to show evidence that may...
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...within. It will address what crime is, to how its citizens are processed, the government structure and whether or not it is actually a system. Crime and its Relationship to Law As defined by the Oxford dictionary, crime is defined as “An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.” The two most common models of how society determines which acts are criminal are the Consensus model and the Conflict model. The Consensus model supports the idea that the makeup of the criminal justice system from police to corrections and the methods of obtaining information to criminal punishment are in agreement in working to achieve the same outcome. This is done through the cooperation of all parties involved, each striving for a common goal. The Conflict model supports the individual person and/or agencies in which the benefits of the system are personal with disregard to others involved. Success is determined not by the system as a whole working together, but rather, the individual obtaining a pay raise, notoriety, and the ability of their personal achievements. This model’s success is focused more on the individual rather than the sum of the parts. Government Structure and its application to the Criminal Justice System Within our society, the government has structured itself in a way that allows for the proper process of preventing, identifying and dealing with crime. The three main areas include...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...learned great amount of information about the court system, for example I have learned the difference between due process vs crime control. I have learned that the rights for myself or my family is within the due process issues and crime control is to protect the community and to identify different crimes. In chapter four-criminal law, I know that the source of law in The United States is broken down into four major categories: Constitutions (State and Federal), Statutes/Codes (State and Federal), Judicial Decisions and Administrative Agencies. The four sources of law, are broken down but in some ways similar or work together, I read and have a clear understanding that the source of law categories has many conflicts at times, however, they each make an important role or contributions to our legal system and social control. Finally learning the history in chapter 8, goose over the history in the court system. The information provided a data from primitive time to modern time, for example throughout in primitive time it was said that Ancient cultures claim evidence that community elders once gathered to collect information, work together, basically find the crimes. In modern time we have more resources, professionals, and the court system to find crimes, collaborate with officials. In conclusion, the Cji Interactive Multi-Media helped me tremendously, I feel the models gave me an understanding about the different aspects in the courts system. Reading a chapter with information...
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...sentence may take a form of supervised probation in the community, a fine, a prison term, or some combination of these. The correction process begins once an offender has been sentenced. One of the main problems in the correctional system is prison or jail overcrowding. Even thou many new prisons have been built throughout the nation during the past 20 years to accommodate the growing number of inmates, prison overcrowding is still very much a reality in many jurisdictions. Overcrowding by itself is not cruel and unusual punishment, according to the U.S. Supreme Court in Rhodes vs. Chapman (1981), which considered the issue of double bunking along with other alleged forms of “deprivation” at the Southern Ohio Correctional Facility... The court, reasoning that overcrowding is not necessarily dangerous if other prison services are adequate, held that prison housing conditions maybe “restrictive and even harsh”, for they are part of the penalty that offenders pay for their crimes. The Fourth Amendment to the U.S. Constitution guarantee free citizens that right against unreasonable searches and seizures. Some states however had to scramble in an attempt to implement selective incarceration principles. In 2009, for example a federal judicial panel ordered the release of almost 60,000 California prison inmates due to overcrowding. The main reasons that crime has decreased over the years, but incarceration rates have increased is war on drugs, three-strike rules, and reduction in individual...
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...Environmental, Institutional, and Cultural Context of Colombia Michael N. Yuede Missouri State University Abstract This paper studies the Colombian culture and how it affects business relations. First, the Colombian country is explored, examining the geographical location and environment, demographics, economy, religion, and the historical, legal and ethical, and social context. Geert Hofstede’s, Fons Trompenaars’, and GLOBE’s models of national culture infer ways to behave in any given culture, and in this case, Colombia. Differences can be seen between the United States’ and Colombia’s culture after exploring the models, suggesting ways to adapt to the new culture and act appropriately in a business environment. After studying the models, the cultural descriptions and aspects, including Colombia’s collectivistic and high power distance nature, give future managers and expatriates the implications necessary to become legitimized in the eyes of other businesses and the government. Additionally, the implications help predict employee behaviors and motivators, as well as human resource management policies that should be implemented into the business. However, in order to fully understand the Colombian culture, an individual must live in that country for a period of time to experience the culture first hand. Environmental, Institutional, and Cultural Context of Colombia In order to better understand how to interact in a business environment in Colombia, it is important...
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...Behaviourist approach The behaviourist theory focuses on the study of observed behaviours and learning theories the three theories are; classical conditioning, operant conditioning and the social learning theory. Within the behaviourist approach there are three different theorists these are; Skinner, Bandura and Pavlov. The first learning theory was approached by the theorist Pavlov. The theory he approached was classical conditioning. This theory is pairing a reflex response with a stimuli. A reflex is an automatic reaction and a stimuli is anything in the environment. Pavlov then carried out an experiment with a dog to prove his theory; Pavlov knew that when animals see food they’re automatic reflex is to salivate, he also wanted to create a noise which the dog could respond to. An example of his experiment; Dog food salivate (reflex) Dog bell food salivate Dog bell salivate This experiment shows that when a dog hears the bell they know they are going to receive food making their automatic reaction to salivate activate. The second learning theory was approached by Skinner. The theory he approached was Operant conditioning. This theory is the reactions of others such as ‘shape’ behaviour. This theory has 3 different approaches these are; positive reinforcement, punishment and negative reinforcement. The first one is Positive reinforcement this encourages behaviour this could be using...
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...Criminolgy Fall 2013 3 Major Sources of Crime Data Uniform Crime Report Officially reported crime Counts the # of offences known to police . (Doesn’t count the onest that are not reported (For example, Police Arrests) Crimes Reported Voluntary Participation Self Report UCR Part I Violent Crimes: Homicide, aggravated assault, property crimes, larceny, theft “serious crimes” Sean.007@umb.edu 9/10/13 Risk and Personal Safety Crime isn’t exploding The polls say it’s America’s #1 concern , new prisons, longer sentences. Film: Are we scaring ourselves to Death? What are some of the crime myths identified in the film. Crime Surge Particulary violent crime Old, white, women as victims of crime Stranger homicide Violenct Crime Facts National Commission on the causes and prevention of Violence Primarily an urban phenomenon Offenders are primarily males, youth ages 15-24 years minority, low SES individuals - Victims “...” Perpertartors are most likely to be acquantances Primarily committed by repeat offenders 6% for between 53% and 71% of violent crime. What year was this report published? 1969. Victimolgy Emergence: 1940’s Hans Von Hentig First person to really bring the idea of victim’s role in criminal events Victims precipitaton - idea that the victim brings on the criminal act Who is more likely to be victimized Victim- Offender Link Likelihood of vicitimization ...
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...Behaviourist approach The behaviourist theory focuses on the study of observed behaviours and learning theories the three theories are; classical conditioning, operant conditioning and the social learning theory. Within the behaviourist approach there are three different theorists these are; Skinner, Bandura and Pavlov. The first learning theory was approached by the theorist Pavlov. The theory he approached was classical conditioning. This theory is pairing a reflex response with a stimuli. A reflex is an automatic reaction and a stimuli is anything in the environment. Pavlov then carried out an experiment with a dog to prove his theory; Pavlov knew that when animals see food they’re automatic reflex is to salivate, he also wanted to create a noise which the dog could respond to. An example of his experiment; Dog food salivate (reflex) Dog bell food salivate Dog bell salivate This experiment shows that when a dog hears the bell they know they are going to receive food making their automatic reaction to salivate activate. The second learning theory was approached by Skinner. The theory he approached was Operant conditioning. This theory is the reactions of others such as ‘shape’ behaviour. This theory has 3 different approaches these are; positive reinforcement, punishment and negative reinforcement. The first one is Positive reinforcement this encourages behaviour this could be using...
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...Behaviourist approach The behaviourist theory focuses on the study of observed behaviours and learning theories the three theories are; classical conditioning, operant conditioning and the social learning theory. Within the behaviourist approach there are three different theorists these are; Skinner, Bandura and Pavlov. The first learning theory was approached by the theorist Pavlov. The theory he approached was classical conditioning. This theory is pairing a reflex response with a stimuli. A reflex is an automatic reaction and a stimuli is anything in the environment. Pavlov then carried out an experiment with a dog to prove his theory; Pavlov knew that when animals see food they’re automatic reflex is to salivate, he also wanted to create a noise which the dog could respond to. An example of his experiment; Dog food salivate (reflex) Dog bell food salivate Dog bell salivate This experiment shows that when a dog hears the bell they know they are going to receive food making their automatic reaction to salivate activate. The second learning theory was approached by Skinner. The theory he approached was Operant conditioning. This theory is the reactions of others such as ‘shape’ behaviour. This theory has 3 different approaches these are; positive reinforcement, punishment and negative reinforcement. The first one is Positive reinforcement this encourages behaviour this could be using...
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...the officers within them, have to look at crime. Police have always responded to crime, that is the belief and that has always been their job. What happens, though, when provided with an idea that expresses that crime can be more preventative just by looking at and involving the community to participate? Policing traditionally has always been a response unit, providing its’ service after the fact (after a crime has happened). The broken windows theory counters that traditional style by looking outside of the traditional criminal justice system to see how crime is generated and solutions to fix and prevent it (Trojanowics, 1994). The broken windows theory has views closely related to community policing: The quality of life, as the ultimate goal of policing (Carter & Sapp 1994; Joseph 1994; Kelling and Coles 1996; Skogan 1990; Trojanowics 1994). This type of policing has broadened the goal to assist communities to maintain a safe environment where basic institutions (families, schools, churches, commerce) can effectively operate and thrive within the community (Kelling and Coles 1996). Apprehending criminals is no longer the only focus among law enforcement. Police and their agencies must now adapt to look at what needs to be done to maintain the quality of life in communities as well as alleviate citizen fear of crime. To prevent community decline and crime police agencies must us the strategic measure of disorder control. Legitimacy refers to the judgments that...
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