Preview

Due Process vs Crime Control

Good Essays
Open Document
Open Document
863 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Due Process vs Crime Control
Due Process or Crime Control
Claudia I. Campos
CJA 530 Ethics in Justice and Security
January 11, 2010
Glenda Rohrbach
Abstract
Although crime control and due process have some similarities, there are more contrasts between the two. Crime control emphasizes crime prevention, whereas due process emphasizes the protection of citizen’s rights from mistakes made by criminal justice agencies. The ethical dimensions of key issues confronting the criminal justice system and private security concerning to due process and crime control are citizen’s rights, proper legal representation, as well as physical force, when to use deadly force, and deceptions. The private security industry also faces key ethical issues regarding the lack of training, in addition to violations of rules and regulations.

Due Process or Crime Control
The ethical extent of key issues confronting the criminal justice system and private security regarding due process and crime control are many, such as not knowing what the right course of action is, difficulty doing what is considered right, or simply 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 goal of due process is to protect individuals from mistakes made by law enforcement agents and prosecutors. In contrast, crime control increases the power of the government in order to protect society, which diminishes an individual citizen’s 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 Process
According to Packer's due process model,

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Herbert Packer has developed two important models of crime deterrence. The first, is referred to as the crime control model, a conservative approach whereby a suspect should be detained or arrested until he or she is proven guilty (Cooper, 2014). The second is referred to as the due process model. According to the basic stipulations of this model, a suspect should be presumed as being innocent until there is adequate evidence to prove that he or she is guilty. This implies that a suspect should not be detained or arrested until the due process of determining his or her involvement in crime is completed. In view of these stipulations, it is evident that the due process model is founded on a liberal approach while the crime control model is founded…

    • 175 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Due Process – the idea that the criminal justice system should operate under the rule of law – guides the actions of police, court officials, and corrections officers.…

    • 618 Words
    • 3 Pages
    Satisfactory Essays
  • Best Essays

    Law enforcement agencies are no exception. Police confront problems of cutback management brought on by increasing demands and declining resources in which services have had to be prioritized and cut altogether (Stewart, 1985). A large majority of police attention is being focused toward felonious crimes. Less attention is being paid on follow-ups of serious crimes. Solvability scales being set up for prioritizing cases to be investigated (Stewart, 1985). In relation to the bigger picture, law enforcement personnel are being put in a compromising moral and ethical position. Effectively to do their jobs while maintaining order, the decisions in which they are forced to make are not an easy…

    • 2952 Words
    • 12 Pages
    Best Essays
  • Best Essays

    Public citizens and lawmakers scrutinize the decisions and actions of police departments around the world on a daily basis. Some would say this is unfair while others would say it is the nature of what they do that make them so susceptible to inquiry. The amount of authority and power, law enforcement agencies wield, is in direct correlation to the amount of oversight they need from lawmakers. To have the authority to not only arrest individuals, but also legally end the life of a suspect is a monumental power. This power is what makes oversight of the deficient practices of the police departments so important. The National Investigative Commissions in the 1930s and 1960s noted six distinct areas law enforcement agencies around the country are deficient in (Adler, Laufer Mueller, 2010, p. 430). This paper will discuss three of the serious issues in which law enforcement agencies have ignored constitutional due process, abused civil rights, and police been found guilty of brutality to include the use of deadly force. Constitutional Due Process…

    • 3429 Words
    • 8 Pages
    Best Essays
  • Good Essays

    Excuse Defense Process

    • 863 Words
    • 4 Pages

    During the first two weeks of this criminal justice course, this class has discussed the structure of the criminal justice system and also has reviewed the models that comprise the criminal justice system. In this paper I will examine the aspects of criminal law. I will describe the purposes of criminal law, which will entail the two main functions of criminal law, and will address how criminal responsibility could be limited. In this paper I will identify one justification and excuse defense. I will also explain why they are used. By reading this paper, one should have a description of the procedural safeguard that protects American Constitutional rights.…

    • 863 Words
    • 4 Pages
    Good Essays
  • Good Essays

    It is dangerous world when you’re not safe in your own home. Thieves and robbers are not the suspects anymore; instead it’s the authorities that take their place in terrorizing your mind and body. The policing authorities have been given a free pass to do as they please to put fear in the nation’s eyes. With the implementation of acts such as the Patriot Act, the due process to investigate an individual was taken out of the question. The right guaranteed by the constitution of America to have proper documentation and proof to investigate any wrong doing, is not practiced anymore. Every citizen has the right to have search and seizures regulated as to give proper checks and balances to the police. However that is not the case in the present United States.…

    • 1081 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Analyze Paper

    • 1025 Words
    • 5 Pages

    The United States has policies that help to protect human rights within the country. The rights of American citizens are protected within the Thirteenth and Fourteenth Amendment of the United States Constitution. To understand the rights of the people the Fourteenth Amendment and other policy must researched to determine how effective they are implementing. policy analysis reflects around the assessment of policies from the government by critiquing the failures and successes. The United States implement several policies to deal with criminal activity and social issues, for instance The United States Human Trafficking Policy and the Trafficking Victims Protection Act policies are not a 100% successful but these policies are steadily improving with sustainable reform. The criminal justice system established with the promise form the United States Constitution for individual’s civil liberties and rights. Analyzing the policies will evaluate the issues that courts and law enforcement deal with while working and implementing prior polices. The effectiveness of these policies will also be determined to see if they worked.…

    • 1025 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Due Process Model

    • 1681 Words
    • 7 Pages

    The American judicial system 's need for an effective strategy to combat crime has been a continuously debated issue. While employing the adversarial models of crime control and due process, America struggles to find balance on a pendulum between individual rights and social order. In this window of opportunity, crime control and due process are examined and reflected into the eyes of society.…

    • 1681 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st century (11th Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall…

    • 1422 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    Federal Tort Claims Act

    • 1331 Words
    • 6 Pages

    It is essential that the security and criminal justice personnel advocate, adhere to, and impose the law without prejudice or malice. The Constitution contains amendments and laws that defend and protect individuals from violation of their rights. Law enforcement and security officials retain the authority to enforce the law and ensure justice. This authority includes detaining and arresting suspects, searching and seizing property, and using deadly force in certain situations. But, with these powers officials must use discretion and act within the law thus ensure they do not violate an individual 's rights which may result in any civil or criminal liability claims (Federal Bureau of Investigation). It is vital that criminal justice and…

    • 1331 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    paper

    • 3009 Words
    • 13 Pages

    In the criminal justice system three major agencies can be identified, they are; the police, the courts, and the correctional institution. The police responsibilities are of that of keeping the peace, apprehension of criminals, combat and prevention of crime, and social services. Once officers have been involved and it is determined that a crime or any other infraction has been committed, then the case...The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.…

    • 3009 Words
    • 13 Pages
    Satisfactory Essays
  • Powerful Essays

    Law enforcement officers are a vital part of our communities. They play an important role in the safety of the citizens across the country. Given this, the increasing amount of militarization of police and the increase in paramilitary police units has called for reform across the nation. Evaluating the appropriate use for these units, including proper roles and deployment conditions, are valuable points of reform. Additionally, viewing the impact on the relationship between society and police, as well as consequences of the elevated number of paramilitary police units in the country are valuable sources of insight regarding reformation. Recommendations in establishing an equilibrium between liberty and security, in regards to the Bill of Rights,…

    • 1336 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    Criminal Procedure

    • 1339 Words
    • 6 Pages

    “Criminal procedure deals with the set rules governing the series of proceedings through which, the government enforces substantive criminal law” (Cornell University Law School, August 2010). The Federal Government, each state, and every municipality have their own criminal codes that define types of conduct that constitutes crime (Cornell University Law School, August 2010). Criminal procedure is shaped by both due process as well as crime control models. The most important purpose of criminal procedure is to maintain a proper balance between order and liberty. Order is the lawful limits put on the freedom of an individual to maintain the domestic tranquility which is necessary for the government to function properly and is necessary (Zalman, 2008). Liberty is a political theory that supports criminal procedure; it suggests that the purpose of the government is to allow an individual maximum freedom to chase after his or her individual goals, within the Rule of Law (Zalman, 2008).…

    • 1339 Words
    • 6 Pages
    Better Essays
  • Better Essays

    A police officer acts as an official representative of the government; he is required and trusted to work within the law. The officer's powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safe-guarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice. (As cited in Banks, 2009, p.31)…

    • 1631 Words
    • 7 Pages
    Better Essays
  • Good Essays

    criminology

    • 937 Words
    • 3 Pages

    Although, we need to ensure the safety of the people, the future of crime fighting needs to be mindful of an individual’s rights as well. It will take professional work, and expertise to overcome this hard road. The most-important issue when it comes future policies of crime fighting is the…

    • 937 Words
    • 3 Pages
    Good Essays

Related Topics