Analysis Of The Due Process Model

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When dealing with our broken justice was must take the time out to analysis all the aspects that relate to the basis of which on country is founded upon. We as a nation follow the due process model when it comes to trying to seek justice and putting criminals away. The Due process model by definition is the type of Justice System which is based on the principle that a citizen has absolute rights and cannot be deprived of life, liberty, or property without the appropriate procedures and safeguard. The due process model is also the model of the criminal justice system that stresses the possibility of error in the stages leading to the trail; as well as emphasizes procedural rights over system efficiency (Experience
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The article is written by Steven Greenhut. In his article he talks about a prominent California judge Alex Kozinski and how he talks about the unfairness of our justice system in one of his articles. Both of the gentlemen articles depict a system which tilts heavily in favor of district attorneys, incarcerates thousands of innocent people and fails to hold accountable prosecutors who abuse their power (Greenhut 1). But what we want to focus on most importantly is the incarceration of the innocent ones. According to Kosinski the real reason why many innocent people are behind bars is because police have vast discretion about what leads to pursue. Police have the opportunity to destroy evidence, influence witnesses, extract confessions, as well as direct the investigation. This means they can “stack the deck against people they believe should be convicted” (Kozinski). Not only do the police have the opportunity to do these things but they also try and bring multiple counts for a single incident, which will then increase the risk of a life damaging sentence if the individual is convicted (Kozinski). With the prosecutors beefing up criminal cases where no crime truly exist as well as over criminalizing pretty much every aspect of the American Life, many people who are facing long and over padded criminal sentences …show more content…
For example the innocence project in California was able to produce evidence that twelve people were serving a sentence for a crime they did not commit. Although these people have not yet been released from prison they stand a chance. If we as a nation do not start trying to reform our justice system it will continue to go downhill. The Duty of an officer is to protect and serve, while it is the jury and judges job to help bring justice. But if we continue to go about bringing justice the wrong way our criminal justice system is going to fail. We have to start making sure we incarcerate the right individuals and that the evidence that is being presented has not been tampered with. We are taking a step in the right direction with the freeing of some of the wrongfully convicted, but it is going to take way more than that to get back to the basis of what our country was founded upon. Which is the individual is innocent until proven guilty and that our citizen will not be deprived of their absolute rights, life, liberty, or property. Yes this will take time but we have to fix the broken justice system that we have while we are still what ahead of the game. The bigger hole you dig the harder it will be to get out. So we need to strive to

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