Essay Example: Methods of Criminal Justice

The procedures involved in actions such as the control of crime, processing of the individuals that are to become criminal defendants, the sentencing of the suspects, punishment offered to them, and also handling of the individuals that have become convicted offenders are duties that are closely linked to the provisions which are found in the bill of rights and interpretation of the same by the Supreme court. The books created for referral have not been in mention of the justice books until they were at least discovered during the mid-20th century. Around 1960, were the publications of articles that involved crime were published. And the corrections being made where the Supreme Court made the decisions that fully involved the criminal justice began to be discussed. Since the early years, the court had based its judgment on two existing models of criminal justice, which were the due process and crime control methods. Criminal Control Model of Criminal Justice

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

The crime control model creates an emphasis on the expeditious processing of those who are seen as challenging by the courts. The latter is determined in a court system, and the crimes of the defendants are punished according to the severity of the crime that is committed. Under this model of criminal justice, it is suspected that when one is arrested and persecuted, it tends to reveal that they are guilty of the accused crime. The model is aimed at reducing the crime rate in society through the increased powers of the prosecution and also increases in the number of police that is meant to offer assistance. The model is meant to prove the strength of the government in performing tasks such as taking care of society and diminishing the tendencies of individual liberties. It also seeks that the cases involved are removed as soon as possible and swiftly through the expansion of the powers of the courts. It greatly seems that there is the support of great powers of the persecutors and of the court in which the cases are handled (Hudson, 2016 pg. 12).

Due process control model

A due process control method of criminal justice considers the possibility of an occurrence of an error in stages due to the trial. It insists on the need for strong protection of procedural rights though the latter could hinder the entire legal system from conducting their operations with much precision (Meares, 2016 pg. 8). When one provision was added to the Bill of Rights, it saw that criminal defiant provided with constitutional safeguards in addition to the routine that was provided as a daily routine to those who may be accused of several crimes. The model focuses on ensuring that the criminal justice system is just and also fair to all individuals. The system ensures that the constitutional rights of the challenging are not infringed; the model further suggests that the court system is more of an obstacle course and not the intended reason it was created. To act as an assembly line.

Similarities between the two models

Due process control model and crime control method share some similarities as follows: in both, it is believed that the works of the defense counsel are acting as an advocate that is located in the justice system. The other similarity is where both believe that in the occurrence of a defiant, criminals should be punished in case that similarity of both models is they both believe that criminals should be punished if they have been involved in any activity that is proven by the court guilty of their expenses.

Differences between the two models

Though the two organizations have some similarities, there are also outstanding differences. The models of crime have always opposed each other in their construction for years due to their vast processes. The due process model functions on the principle in which an individual should not be deprived of liberty, property that belongs to them, or life without procedures that are expected to be legal. The rights of any individual who is charged with a crime should be exercised and also protected by the system involved. The crime control model, on the other hand, is based on assuming that there is accredited reliability in the fact findings conducted by the police, treats arrests in the case which they are found guilty. Another difference is that in due model process, the people who are suspected then arrested are perceived to being innocent till the court proves the individual guilty through a hearing. In the crime control model of justice, it is perceived that those who are arrested by the authorities are fully guilty and need to be punished by the law.

One more difference includes the due process believing that policing incorporated in the criminal justice system is an important aspect in the maintenance of a community that is just and free from crime. The crime control method, on the other hand, is involved in believing the people in custody for the alleged crimes slow down the justice system processes. Another difference is where the due process model insists on the practice and believes in the defendant possessing the mandate of proving their innocence so that the government is placed in control. The crime control method believes that the rights of the defendants cost too much from their expenses when the funds would have been used in activities like recruitment of new police officers and building prisons that could hold more people are committing crimes.

Conclusion

For one to judge the proper effectiveness of the justice system, it should be known how the operation behind the system occurs. In 1968, the academic Herbert Packer identified the different aims for the judicial system; the due process, and also the crime control model. The former methodology has given an acknowledgment of the fact that it allows fairness of the procedure, which in turn could prevent cases of any wrongful conviction. It has also accepted that the suspect is protected by a level of instruction that passed as law. The law, however, has, over time, protect the guilty by complicating their conviction with some of the guilty left scot-free. The latter methodology, though, has placed more importance in the conviction of the guilty individuals. The latter has intern included the risk which some people who are innocent of getting a wrongful conviction. Occasionally following the criminal control model, innocent people had been convicted. With criminal justice taking care not to fall completely upon one model, the judges mostly seek that they would strike a balance between the two methodologies. The decision is, at times, tough with the people in charge having to ensure that the innocent are not falsely convicted and the guilty not wrongly convicted.

For balance to be struck by a criminal justice system, it would be useful that its effectiveness is assessed. For years, the subject has been up for debate by magistrates, police, and also the government with the claims that the balance was set too far in the suspects' favor. The latter has been proven that it occurs at the expense of convicting a guilty suspect. Civil societies, academics, and also lawyers have also expressed that the system has not yet learned from the miscarriages that were received and also that how the suspects are protected is still inadequate according to them.

References

Hudson, B., 2016. Justice Through Punishment?: Critique of the Justice Model of Criminal Conventions. Macmillan International Higher Education. https://books.google.co.ke/books?hl=en&lr=&id=FkRdDwAAQBAJ&oi=fnd&pg=PR8&dq=criminal+control+model+of+criminal+justice&ots=O3HFIpBFds&sig=V_0deZ4OMekSNx3KUfFGnT28nM&redir_esc=y#v=onepage&q=criminal%20control%20model%20of%20criminal%20justice&f=false

Meares, T.L., 2016. Burying the Lede: Why Teaching the Due Process Cases Is Critical to Investigations in Criminal Procedure. Saint Louis University Law Journal, 60(3), p.8. https://scholarship.law.slu.edu/cgi/viewcontent.cgi?article=1154&context=lj