Wednesday, January 16, 2019
Due Process vs Crime Control Essay
AbstractAlthough offensive activity tick and ascribable mould have some similarities, on that point are more contrasts between the two. abhorrence curb emphasizes crime prevention, whereas collectable forge emphasizes the justification of citizens rights from mistakes made by criminal evaluator agencies. The ethical dimensions of rouge issues confronting the criminal justice system and private aegis concerning to due appendage and crime book are citizens rights, proper legal representation, as well as physical force, when to use deadly force, and deceptions. The private security sedulousness also faces key ethical issues regarding the lack of training, in improver to violations of rules and regulations. collectible Process or Crime ControlThe ethical intent of key issues confronting the criminal justice system and private security regarding due process and crime control are many, such as non knowing what the right course of action is, difficulty doing what is cons idered right, or barely finding the wrong choice to be very tempting. Due process is a citizens right to proper legal representation, procedures, and justice of individuals, which decreases the power of government. The main(prenominal) goal of due process is to protect individuals from mistakes made by honor go throughment agents and public prosecutors.In contrast, crime control increases the power of the government in pasture to protect society, which diminishes an individual citizens rights (USLegal, Inc., 2001-2008). The main goal of crime control is crime suppression, which includes key issues of physical force, when to use deadly force, undercover work, deceptions, as well as many others in the criminal justice system. In the private security field, the key issues include the lack of training and violations of rules and regulations of the industry (Gould, 2008).Due ProcessAccording to Packers due process model, which consists of the following points of view, emphasizes th e contrasts with the crime control model (Cliffnotes.com). 1. The most important contribution of criminal justice should be to provide due process or fundamental justness under the law. 2. vicious justice should concentrate on defendants rights, not victims rights, because the Bill of Rights expressly provides for the protection of defendants rights. 3. patrol powers should be control to prevent official oppression of the individual. 4. Constitutional rights are not virtuous technicalities criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process. 5. The criminal justice process should anticipate like an obstacle course, consisting of a series of impediments that take the form of adjectival safeguards that serve as much to protect the factually innocent as to convict the factually guilty. 6. The government should not hold a person guilty solely on the basis of the facts a person sho uld be found guilty only if the government follows legal procedures in its fact-finding.Crime ControlThe following contentions are the key concerns of the crime control, which points out the differences of due process. (Cliffnotes.com). 1. The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society. 2. Criminal justice should concentrate on vindicating victims rights rather than on protecting defendants rights. 3. Police powers should be expanded to make it easier to investigate, arrest, search, seize, and convict. 4. Legal technicalities that handcuff the police should be eliminated. 5. The criminal justice process should operate like an assembly-line conveyor belt, sorrowful cases swiftly along toward their disposition. 6. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is passing reliable. 7. The main objective of the criminal justice process should be to walk out the truth or to establish the factual guilt of the accused.Similarities between Due Process and Crime ControlAlthough the differences are many and well emphasized, there are a few similarities between due process and crime control. Both uphold laws and regulations that have been established throughout the many geezerhood of this country. The similarities are1.Accept constitutional values2.Hold to ex post facto prohibition3.Duty to enforce laws where violations have occurredConclusionDue process and crime control get to serve similar objectives, which are to reduce crime and protect the citizens of the unify States. The ethical key issues that plague the due process and crime control models vary among the two, in how to mint candy with the many issues and the best way to deal with the issues are conflicting. The differences between the two on how to reach these objectives are many, up to now the few sim ilarities assist in keeping both processes abide by the laws established by the government of the United States.ReferencesUSLegal, Inc. (2001-2008). US Legal Definitions. Retrieved on January 5, 2010 from http//definitions.uslegal.com/c/crime-control-model/ Gould, M. (2008). bank line, Ethics & Society, (p. 1). Great Neck Publishing. Retrieved January 4, 2010, from Research Starters Business database. CliffsNotes.com. (n.d.). Which Model? Crime Control or Due Process. Retrieved on January 4, 2010, from http//www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/topicArticleId-10065,articleId-9911.html
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