Criminal Procedure Policy Paper
Criminal Procedure Policy
James Knight
CJA/364
October 17, 2012
David Klein
* * Criminal Procedure Policy * The criminal procedure policy is initiated with a crime committed by a perpetrator. This process for the criminal can end at any of the various steps of the criminal process. As a criminal is process the individual has rights that are provided by the United States Constitution to ensure fairness and justice. The two major procedural models that shape the criminal justice systems today are due process and crime control models. The justice system has used these models for over two decades. The United States Constitution with due process and crime control models has forged the criminal justice processes that exist today.
Due Process Model
Due process sometimes referred to as the due process clause. The clause “Prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness.” (ILL 2012) Due process demands that the justice system considers the facts of the case. Law agent’s primary focus is from the beginning of the arrest, filing, questioning, and handling the case to ensure fundamentals of fairness under the law. Due process model stretches back to early 1200 century to protect defendant’s rights. “Thomas Jefferson set forth the rationale for the establishment of government in a society: to secure the fundamental, inherent, and preexisting rights of the people.”
The Constitution provides individuals in the due process model with unalienable rights. Fourth amendment rights protect individual’s rights as investigating officers can only conduct investigations limited to the scope of the case. The Fourth Amendment and the Bill of Rights expressly provides for the protection of defendants' rights by due process. As well, privilege against self-incrimination, defendant has an absolute right to not testify and protection against double jeopardy
James Knight
CJA/364
October 17, 2012
David Klein
* * Criminal Procedure Policy * The criminal procedure policy is initiated with a crime committed by a perpetrator. This process for the criminal can end at any of the various steps of the criminal process. As a criminal is process the individual has rights that are provided by the United States Constitution to ensure fairness and justice. The two major procedural models that shape the criminal justice systems today are due process and crime control models. The justice system has used these models for over two decades. The United States Constitution with due process and crime control models has forged the criminal justice processes that exist today.
Due Process Model
Due process sometimes referred to as the due process clause. The clause “Prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness.” (ILL 2012) Due process demands that the justice system considers the facts of the case. Law agent’s primary focus is from the beginning of the arrest, filing, questioning, and handling the case to ensure fundamentals of fairness under the law. Due process model stretches back to early 1200 century to protect defendant’s rights. “Thomas Jefferson set forth the rationale for the establishment of government in a society: to secure the fundamental, inherent, and preexisting rights of the people.”
The Constitution provides individuals in the due process model with unalienable rights. Fourth amendment rights protect individual’s rights as investigating officers can only conduct investigations limited to the scope of the case. The Fourth Amendment and the Bill of Rights expressly provides for the protection of defendants' rights by due process. As well, privilege against self-incrimination, defendant has an absolute right to not testify and protection against double jeopardy
References: Zalman, M. (2011). Criminal procedure: Constitution and society (6th ed.). Upper Saddle River, NJ: Pearson/Prentice-Hall. Thomson Reuters (2012). Retrieved on 13 October 2012: http:// about reuters.com/fullegal.