Free

Criminal Procedure Policy Paper - Essay Example

Comments (0) Cite this document
Summary
Criminal Procedure Policy Instructor: Task: Date: 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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.7% of users find it useful
Criminal Procedure Policy Paper
Read TextPreview

Extract of sample "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 the criminal justice. the criminal justice system provides the defendants, and this restricts the system. At the same time, other people tend to believe that in trying to limit the rights of defendants will result into giving unfair and biased trials, it will make innocent people be charged with crimes that they did not commit (Samaha, 2011). There are two models that are being used in the criminal justice system namely; the crime control mode and the due process model (Carmen, 2009). The two models have let people know that there is normalcy in the society. These models carry different values that impact significantly the criminal justice system. The American government has invested in the implementation of the two models. I will try to compare and contrast the two modes and analytically comment on what model is best fist fit to use in the criminal justice system. The society beliefs that in a fair criminal justice system and in order to have fair trials for criminals and wrongdoers; Some people argue that, for the society to remain safe and secure, wrongdoers should get majorly heavy sentences and that the defendants should not enjoy any rights during prosecution. These are some people who support the crime control model. The people that are in favor of the due process model point out that any kind of government without any control in its criminal justice system is not supporting justice for its people, neither is it protecting its people. These people argue that the Fourth, Fifth, Sixth, and Fourteenth Amendments of the American Constitution have to be backed and supported for people to realize that justice is being done. This will enable people to live knowing that the justice system is working, and they are at peace from wrongdoers. Hence, the people that back the criminal control model say that the fourth, fifth and sixth Amendments of the United States Constitution discriminate the victims of the wrong doing and the security of the people. The people who are in support of the criminal control model say argue that, the criminal justice system must have the ability to be efficient in the way that the wrongdoers are prosecuted. The criminal justice model must be able to handle its cases in a high profile manner, if this is done, then the number of criminal cases will be guaranteed to decrease tremendously much. The due process model is based on complex ideologies hence can make the judgment process an extremely substantial task. This will slow down the mechanisms in which justice is deployed to the wrong doers and hence it will make it exceedingly difficult for the criminal justice system to run efficiently like the crime control model (Carmen,2009). The fourth amendment of the American constitution outlines civil rights that are privileged to the Americans. These amendments protect the criminal justice system not to perform it's work in an illegal manner in order to achieve its set goals of offering people justice and security. A lot of people think that, if the system was to perform its duties without limitations, then the system would have turned to prosecute innocent people. However supporters of the criminal control model say that limiting the system restricts the systems duty of enforcing the law; they also say that these limitations will degrade the operations quality of the system (Pritchett, 1977). The sixth amendment of the American constitution says that the wrongdoers must be granted a public trial. The amendment also guarantees the wrongdoers that they should be given counsel to negotiate the trial on their behalf. The crime control model does not support this kind of amendment. In fact, the supporters of the crime control model argue that the wrongdoers should be prosecuted according to the levels of their crimes (Pritchett, 1977). The fifth amendment of the American constitution says that no person should not be forced confess to any crime unless there is the presence of the grand jury. This amendment ensures that the defendants are not harassed by prosecutors and investigators (Pritchett, 1977). References Carmen, R. V. (2009). Criminal Procedure: Law and Practice. Stamford, Connecticut: Cengage Learning. Pritchett, C. H. (1977). The American Constitution, Volume 1. New York City: McGraw-Hill. Samaha, J. (2011). Criminal Procedure. Stamford, Connecticut: Cengage Learning. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Criminal Procedure Policy Paper Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/law/1446000-criminal-procedure-policy-paper
(Criminal Procedure Policy Paper Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1446000-criminal-procedure-policy-paper.
“Criminal Procedure Policy Paper Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1446000-criminal-procedure-policy-paper.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Criminal Procedure Policy Paper

Criminal procedure

...? Criminal procedure 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 (social, economic, politics etc). 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. Regarding this, 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...
4 Pages(1000 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 (http://blogs.amnestyusa.org/death-penalty/archive/2005/09/). 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

Criminal Law and Procedure

...to arrest someone for criminal activity a warrant is not need for probable cause id justification to make the arrest. 2) Formulate a set of circumstances in which there is probable cause to search but not arrest, in which there is probable cause to arrest but not probable cause to search, in which there is probable cause to both arrest and to search. Probable Cause to Search but not Arrest At 9:35pm officer McCoy notices a blue sedan parked in the parking lot of Clemency Park. Clemency Park is not open to the public after 9:45pm. Officer McCoy gets out of his cruiser and approaches the blue sedan with the intention of informing the driver that he will not be allowed to be on Park ground including the parking lot in...
3 Pages(750 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

.... 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

Felony Criminal Charge Procedure

...Felony Criminal Charge Procedure Introduction Criminal justice procedures are crucial in any modest society, as they serve to instil sanity and lawful coexistence among people (Champion, 1988). However, because of the varying nature of the legislation available in different societies the course that criminal justice procedures take tend varying from state to state depending on the legislation and rules governing them. This paper will dwell on elaborating the criminal justice procedure that is followed for felony charge offenders (Scheb & Scheb, 2011). Despite the procedure varying from state to state, there are acceptable steps that are involved which all the states and federal government concur. This essay will be focussed... on the...
8 Pages(2000 words)Term Paper

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...
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 Policy Paper for FREE!

Contact Us