Criminal procedure - Essay Example

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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…
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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
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