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Two models of the criminal process - Essay Example

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Summary to essay on topic "Two models of the criminal process"
Is it possible to effectively control crime in our society while at the same time protecting the individual rights of the people from infringement by the government The answer lies on the role each differently played by due process and crime control models in shaping criminal procedure policy…
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Download file "Two models of the criminal process" to see previous pages... 12) The ways that the two systems intersect together are few but they do seem to work collaboratively within the adversarial system of justice.This statement is supported by the fact that the Constitution and the law prohibit authorities like the police and the public prosecutors from arresting or otherwise depriving a person's liberty unless there is probable cause to believe that such individual has committed crime and that such individual is probably guilty thereof.
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This does not authorize the prosecution of immoral acts, only illegal acts for criminal procedure is not based upon false imprisonment or individual harassment. It is axiomatic that there are limits within the system that must be adhered to.For instance, the government has limits as to its powers and abilities when investigating a crime or a person as enshrined in the Bill of Rights. (Criminal Procedure, p. 13) The government cannot go beyond the powers imposed upon them by the Constitution which vests upon individuals a right to a reasonable amount of privacy. The "alleged criminal" has in his favour a presumption of innocence until proven guilty beyond reasonable doubt (Criminal Procedure). ...Download file "Two models of the criminal process" to see next pagesRead More
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