The Advantages Of Crime And The Due Process Model

Superior Essays
Register to read the introduction… Liberals see crime not as a product of individual moral failure but as the result of social influences (Currie, 1985). The root causes for crime is unemployment, racial discrimination, and government policies that work to the disadvantage of the poor. Liberals believe that the way to reduce crime is to change the social environment. The due process model reflects that police powers should be limited to prevent official oppression of the individual. This model allows for the criminal justice process to look like an obstacle course consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually guilty (Zalman, 2008). The due process model emphasizes the need to reform people through rehabilitation. Preferable prison sentences under the model include community-based sentencing …show more content…
The right to a speedy trial has three advantages according to the case United States v. Ewell. The three advantages that resulted from this court case include the prevention of excessive incarceration, minimize anxiety experience by the accused as a result of a public accusation, and prevent damage to the defendant’s case resulting from too much delay. The right to counsel applies after indictment, formal charging, and on through sentencing (Worrall, …show more content…
Before this amendment the amendments above only applied at the federal level. The Fourteenth Amendment includes the exclusionary rule. The exclusionary rule means that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt.

Crime control and due process models are key models in sculpting the criminal justice policy. It’s impossible to know what the future holds for the American justice system. The intentions do not determine the future but it’s the uncontrollable events that lead us to pursue the goals. The crime control through due process model appears to be the best strategy to deal with crime in the days ahead. However the political winds will continue to change how society feels about the security and safety is being handled therefore the best strategy could change.

References

Currie, E. (1985). Confronting Crime: An American Challenge. New York:

Related Documents

  • Superior Essays

    Reasoning process: The Exclusionary rule of the Fourteenth Amendment states that evidence gathered by violating the Fourth, Fifth, and Sixth Amendments cannot be used in trial. Since California eliminated this rule, Greenwood believed this violated his rights. However, the Court found no merit in his position because at the federal level, evidence obtained in violation of the Fourth Amendment does not have to be withheld in all circumstances. When law enforcement officers are acting in good faith or their misbehavior is minor, the evidence they collected can be used.…

    • 1366 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    In the case of Klopfer v. North Carolina (1967): Klopfer was his own counsel and the outcome of the case was a hung jury. The prosecutor filed a lengthy motion; “nolle prosequi with leave” which means he did not want to pursue charges against the defendant at this time but wanted to be able to prosecute them anytime in the future. That is when the Supreme Court incorporated the Sixth Amendment’s right to a speedy trial. Other cases where Duncan v. Louisiana (1968): right to a jury trial, Gideon v. Wainwright (1963): the right to counsel, Pointer v. Texas (1965): the right to be able to confront and cross-examine the witness, and lastly Washington v. Texas: a defendant has the right to obtain witnesses in his favor through the Fourteenth…

    • 1562 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Studies show that the United States of America has become the country with the highest crime rate throughout the world. In many instances in our country, wealthy criminals or those that commit crimes who belong to the upper class society tend to be overlooked or exempt from being punished for their crimes. However, this isn’t the case for the poorer end of the spectrum, when it comes to those less fortunate the criminal justice system tend to deem them as less adequate and their punishments usually end with jail or imprisonment. In Jeffrey Reiman’s The Rich get Richer and the Poor get Prison, he argues that the best way to understand the policies that are correlated with our criminal justice system, we must look at the Pyrrhic Defeat Model.…

    • 1028 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    History Of Dual Federalism

    • 1288 Words
    • 5 Pages

    1. Chart the changes in federalism throughout American history. What was dual federalism? How was governmental power distributed under this system? How did the Great Depression lead to the decline in dual federalism?…

    • 1288 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    I think that the author has presented strong arguments against the current legal system and has presented a viable alternative. His system is sympathetic to the victim and the offender and acts in the victim’s best interest through multiple stages and varieties of…

    • 709 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The criminal justice system is founded upon the principal of preventing…

    • 1070 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    It also states that the Criminal justice policy never focused on areas such as effective crime prevention , the harmful acts of the powerful , or eliminated economic bias because then it would have noticed that the policies in place were failing in these areas and do not generate effective demand for change. This results in a large amount of street crime from people who are inadequately protected or helped, and people who are inadequately protected from harms of the powerful. However steps and procedures may be taken to change the state of our criminal justice system. For it cannot hold individuals guilty of the injustice of breaking the law if that law itself supports and defends an unjust social…

    • 1913 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Exclusionary Rule

    • 534 Words
    • 3 Pages

    Exclusionary rules are important and these rules still have an impact and influence in the judicial system and were created as a response to the ways police gathered their evidence. Police arrest and prosecutors charge those accused of crimes and the Bill of Rights or first ten amendments include the exclusionary rule. The exclusionary rule is what prohibits the prosecutor from using any evidence at all that was illegally obtained for a trial. One rule of exclusion is the proper identification of suspects and the defendant’s having the right to counsel during a police lineup. Another rule is Miranda rights which inform a suspect of their legal rights which protect them.…

    • 534 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Exclusionary Rule Essay

    • 523 Words
    • 3 Pages

    The Supreme Court adopted the exclusionary rule as a way of prohibiting the use of evidence in a court of law in situations where government officials directly or indirectly violate an individual’s constitutional rights to obtain evidence to secure a conviction. In other words, the exclusionary rule is a means of protecting the constitutional rights of the people from authoritative misconduct in violation of the Fourth, Fifth and Sixth Amendments against unreasonable search and seizure, coercion, and provides the right to counsel under due process of the law (Cornell Law School, 2007). The Fruit of the Poisonous Tree Doctrine can result in the dismissal of evidence collected at a crime scene as proof of guilt found in violation of the Fourth Amendment. The Fourth Amendment clearly states that the rights of the people are to be secure in their homes and person, papers and effects, and shall not be violated by unreasonable search and seizure, and no warrants shall be issued unless it is supported by probable…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The words freedom, rights, equality, and liberty are important words to America. These four words emulate what the United States Constitution stand for. The United States Constitution was created to allow every citizen freedom to pursue their goals and dreams, as well as make important decisions regarding the direction of their life. Nearly 300 years later, the United States still tries to follow the laws and rights granted by the Constitution. There are many individuals who abide and uplift the Constitution; however, others chose to neglect what was written in the Constitution.…

    • 1095 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Criminal Justice System is composed of two conflicting models, the due process model and the crime control model. The crime control model has a goal of maintaining social order and preventing crime, while the due process model focuses mainly on the rights of the individual. With law enforcement using quickly advancing and emerging technology like drones and super squad cars, there are disputes about each model due to issues of misuse of police powers and privacy concerns. These debates involve which model is more adapted for the well-being of society and, which model overall is better for reaching the main goals of the criminal justice system. Both models have similar goals of preventing crime and protecting the public, but the way in which these two models succeed those goals slightly differ.…

    • 740 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    As a result, addressing these issues, crime and the fear…

    • 1005 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The conflict and consensus models are two parallel models that work toward furthering the protection of society. The conflict model focuses on preserving the rights of the people while the consensus model focuses on public safety (Cronkhite, 2013). When considering how these two apply to viewing criminal justice as a system it is quite simple. The conflict model creates an urgency to protect the people from harm yet also to preserve individual rights that are guaranteed by the Constitution. If the conflict model is to be applied to criminal justice, then it is important to recognize that laws and policy can be implemented by the criminal justice system to combat crime, while also ensuring that the people do not lose their rights.…

    • 904 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Sermonfils E Dor 1.Describe and distinguish among the three approaches to studying criminal justice systems by taking an international perspective. Comparative criminal justice is a subfield of the study of criminal justice that relates different justice system from around the world. There are three different ways of studying criminal justice systems. Each of these approaches encounter various beliefs of different societies. The criminal justice systems have changed and transformed over time.…

    • 1067 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Correctional Ideology

    • 1878 Words
    • 8 Pages

    The previously discussed ideologies had several problems with the effects that they caused. The current correctional practices have problems that have caused the desire for crime prevention to become prevalent. “Almost all offenders are eventually released, however, and the problem returns unless it has been effectively treated while the offender was in prison” (Allen 57). The logic behind crime prevention is clear. Preventing crime is to prevent everything that follows the crime as well.…

    • 1878 Words
    • 8 Pages
    Great Essays