Criminal procedure - Essay Example

Comments (0) Cite this document
Criminal procedure Abstract Crime control is an integral move to maintain order within the society. This is important especially that society nowadays is becoming sophisticated in almost every aspect. Thus, in this paper the proponent tries to analyze which among the due process and crime control model gives the people significant advantages and benefits in addressing their concerns…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.2% of users find it useful
Criminal procedure
Read TextPreview

Extract of sample "Criminal procedure"

Download file to see previous pages As society progresses in almost every environmental aspect (social, economic, politics etc.), what the people need is order and including their significant concerns on their individual rights so as to preserve their lives, freedom, properties and so on. Thus, it is important to understand which among the due process and crime control model gives them significant advantages and benefits in addressing their concerns. In this paper, the proponent tries to compare and contrast the role of due process and crime control models on shaping criminal procedure policy. Thus, the analysis includes a review and assessment of the Amendments of the United States Constitution and the Bill of Rights to the states and their potential impacts on the criminal justice system as applied to due process and crime control models. Crime control model Crime control model is associated with efficient criminal justice system. ...
Due process model The due process model is concerned with the justice and on the process how it is achieved. In other words, in this model there is equal treatment on giving protection of the innocent and employing punishment of the guilty (Braswell, McCarthy & McCarthy, 2011, p.81). In either way, there is fair treatment on these two cases as the ultimate goal is to seek justice under the required process in the entire justice system. Thus, in other way of saying this, under the due process model, the rights of each individual, either culprit or innocent victim, either of them has to undergo a fair trial. This is a process of giving equal opportunity for each individual to protect their rights. Analysis Crime control and due process models are integral parts of the US criminal procedure. However, in practice and principle these two may differ at some point, as the former would want to emphasize efficiency and finality of the outcome rather than emphasizing appropriate procedures within the justice system. The main argument that may possibly exist in comparison of these criminal procedures involves the consideration of what is meant to achieve “justice” and “efficiency”. Based on the above definitions, it turns out that the due process model absolutely focuses on achieving justice while crime control model may be too narrowly focused on solving the crime that at some point may disregard whether there was a fair procedure implemented as to the case of the former. For instance, in the fourth, fifth and sixth amendments of the US Constitution, each person has the right to protect or secure their persons, houses, papers and so on from unreasonable searches and seizures; secure to answer for a capital or infamous crime ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Criminal procedure Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from
(Criminal Procedure Essay Example | Topics and Well Written Essays - 1000 Words)
“Criminal Procedure Essay Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Criminal procedure

Criminal Procedure Policy Paper

...? Criminal Procedure Policy Task: Criminal procedure policy plays a real significant role in administering justice to the society and in the country in general. Criminal justice is made in such a way that it helps to keep the society secure; it is made to stop criminals from wrongdoing and rehabilitate wrongdoers in to becoming better people that will assist in building the society. Hence, with the kind of role that criminal justice policy can not be able to perform its duties exhaustively since managing all the criminal justice is such a crucial role to play. Many people fail to understand why the criminal justice can not cater for matters that are related to security. Sometimes people think that the justice department protects... according...
3 Pages(750 words)Essay

Constitutional Criminal Procedure

... Constitutional Criminal Procedure Facts The issue that has been identified from the presented case is that a single-family residence was charged for keeping illegal amphetamines, which is identified as a medicine, unauthorized possession of which is against the law of the United States along with the equipment used for manufacturing those medicines. In this case, two people have been detained by the police team in a raid or search, who have been identified as Harry Hampton and Jimmy Jaffers. Relevant Laws Related to the Issue Under the United States legal laws, criminal offence is measured from two perspectives, which are recognized as Felonies and Misdemeanors. Furthermore, Felonies can be defined as the criminal offence... of the...
3 Pages(750 words)Assignment

Criminal Procedure Variation

...months of the year 2005 alone ( This death penalty law is currently still active in Alabama, as can be seen by recent news and events. This controversial law is different than in the states which declare capital punishment illegal, and do not partake in it. For instance, a crime that would give a person the death penalty in Alabama would not get the death in Alaska, where the death penalty is illegal and not part of the criminal justice system there. Alaska is just one of several states that find the death penalty illegal in their criminal proceedings. These states would treat such crimes very differently than if the crime took place in Alabama,...
2 Pages(500 words)Essay

Watch the downloaded YouTube video clip, RSA Animate - Changing Education Paradigms presentation on a lecture by Sir Ken Robinson, and then respond to the following prompts: 1. According to Sir Robinson, what is wrong with our education system and what ar

1 Pages(250 words)Essay

Criminal Procedure (Assignment 1)

...Harris Kamran Law Case Studies 24 October Due process of law According to the U.S. constitution, the term due process of law can be defined as the nature of the law and the reason for its implementation (Mount, 2010). That is to say, the due process has two parts: the procedural, and the substantive part (Mount, 2010). In the procedural part, the nature of the law is observed, and whether it is fair and impartial (Mount, 2010). The substantive part deals with the actual implementation of the law, and it can modify any mistakes in the procedural process (Mount, 2010). In general, then, due process affords a person with ...
1 Pages(250 words)Assignment

Criminal Procedure Unit 2 Homework

...Criminal Procedure Criminal Procedure Question Charles Katz used a phone booth to convey unlawful gambling wagers. Unbeknown to him, the FBI had been observing him, and they recorded his talks through an electronic eavesdropping device. Based on the FBI recordings, Katz was convicted. However, he challenged the conviction since the records were acquired in contravention of the Fourth Amendment rights (Amar, 1994). In the case, the legal questions emanated from the infringement of privacy and the tolerable definition of the term ‘search’ (Amar, 1994). The court ruled that Fourth Amendment is meant to protect people and not places, and; therefore, physical invasion into his locality was unnecessary to bring the Fourth Amendment... Procedure...
1 Pages(250 words)Article

Criminal Procedure

.... A suspect should be suppressed since the constitution provides that police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court. Nonetheless, a suspect should not be suppressed since the same constitution protects suspects from self incrimination. The adjudication process of the criminal law differs due to jurisdiction. Generally though, it assumes the same format. The burden of proof is always on the prosecution in most countries with a democratic rule of law. The world ought to hold weight in the presumption of innocence for the...
2 Pages(500 words)Article

Criminal Procedure

...Criminal Procedure Introduction The book ‘A Matter of Interpretation’ by Antonin Scalia elaborates about the methodology used for interpreting and implementing the constitution legal principles upon the cases addressed in the US Supreme court1. The interpretation of written laws on the basis of which the legislators have framed is referred to as ‘textualism’. In this regard, the author is identified to be adherence to textaulism2;3. Contextually, the essay majorly focuses towards understanding the patterns of textualisation as described by ’Antonin Scalia’. Discussion In accordance with Justice Antonin Scalia, each and every constitutional law should be interpreted depending on the actual context and should not be subjected... Procedure...
2 Pages(500 words)Essay

Criminal procedure 1

...that the citizenship of the African - Americans became immediately guaranteed as natural born citizens of the country. while the Native Americans, though born in the United States, were not considered to be American citizens, even if they voluntarily joined the American society. They needed to apply for citizenship in order to become Americans. The Due Process Clause applies to the individual states in a manner similar to that of the 5th amendment. However, it applies both the federal and state rights in all instances concerning due process. The Equal Protection Clause was meant to create a semblance of fair punishment between black and white criminals. This was created in response to the Black Code which prevented the...
2 Pages(500 words)Assignment

Criminal Procedure Assignment

...Criminal Procedure Assignment Criminal Procedure Assignment In the three cases U.S.A. vs. Acevedo, U.S.A. vs. Chadwick and U.S.A.vs. Johnson, the court came out with different verdicts yet the cases were seen to have striking similarities. A summary of each case will be given in this paper and their similarities shown. Then, basing on the facts related to each case, the paper will explain why the court arrived at the different verdicts. U.S.A vs. Acevedo 500 U.S 565 (1991) held that police searching an automobile may only extend their search to a container inside the automobile without a warrant when they have probable cause to believe evidence or contraband is held in...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Criminal procedure for FREE!

Contact Us