Due Process Model 1
Mr. Patrick Clayton
May 27, 2015
Policy Analysis III—Compare and Contrast Paper
This paper will be about crime control model versus the consensus and due process model. In this paper we will discuss the following what role does law enforcement play in these policies, What roles do the prosecutor and courts play in these policies, What role do corrections play in these policies.
The two models of crime with the aim of contrasting each other for decades are the crime control model and due process model. The due process model is the attitude that a person cannot be stripped of life, property or liberty without suitable legal processes and precautions. Any individual that is appointed with a crime is demanded to have their civil rights confined by the criminal justice organization below the due process model. The crime control model for rule enforcement is founded on the statement of complete dependability of police fact-finding, covers arrestees as if they are already originate responsible. (Johnson, 2002).
Crime control representation cites to a possibility of criminal justice which places stress on dropping the crime in company by changed law and prosecutorial authority. In counterpoint, the “due process model” centers person liberties and corrects and is troubled with bounding the abilities of authorities. The function those act in the policies is that they are authorities collected curricula.
There are liberals such as the proponents of the due process model who say that the United States are doing too much in the terms of prosecuting drug addicts and other offenders of drugs. Due to these prosecution, overcrowding of prisons have occurred causing federal, state and local level government economic issues. The due process model proponents argue that the focus should be on rehabilitation of drug addicts because we have been preoccupied with putting drug users in prison as opposed to helping them get help for their addiction. If it were left up to the proponents of the crime control model, they would make sure that all drug users are arrested. On March 21, 2001, proponents of the crime control model arrested 29 pregnant women for having tested positive for drugs in their urine. This incident occurred because of a hospital policy that stated that all positive tests of drugs in a person’s system should be turned over to the police; in return they would make an arrest. But because of the due process model, the United States Supreme Courts ruled that pregnant women cannot be subjected to warrantless, suspicion less searches simply because they are major.
The prosecutor and courts play has being playing a big role in the criminal justice for a long while. After they get all the things that are needed for the inmate’s cases they will then bring it to the courts to see if there is a case. Since the birth of our country non-law abiding citizens have plagued our society which led to the creation and development of our criminal justice system that administers punishment for any crimes committed with-in our society. Punishment for crimes committed is utilized by the criminal justice system as a deterrence that can result in less crimes being committed in the future. The criminal justice system ensures that the correct punishment handed down to a defendant is appropriate for the crime committed which in turn shows future lawbreakers that their crimes will not be tolerated and will be dealt with appropriately. Depending on the crime committed, the evidence collected and how it is presented to a jury of our peers the defendant is usually sentenced to incapacitation imprisonment/capital punishment or rehabilitation. The criminal justice system ensures that everyone that commits a crime is punished as a result of the crime they commit.
The prison system incapacitation was initially developed to keep offenders off the streets thus preventing them from committing crimes in the community resulting in the reduction of crime rates. Capital punishment is also part of the prison system where it is carried out but, in society not everyone feels that criminals should receive the death penalty for a murder they committed. People also believe that capital punishment does not in any way deter future murders committed by other criminals. According to the article “The Death Penalty Does Not Deter Murder,” Hentoff says, “statistics [show] that the murder rate in states with the death penalty is higher than the murder rate in states without capital punishment.”
There is not that big of a variation among federal submission and state and local submission of policies in the criminal justice system. Some examples are federal laws are prohibited among employment so this want become a big discrimination, and the state laws are a little different because they have added their own laws which also forbid employment so there is not a big discrimination act brought up on them.
Conflict And Crime Control Model Researchomatic .Retrieved 12 , 2010, from http://www.researchomatic.com/Conflict-And Crime-Control-Model-
Samuel A. Alito, Jr. is a Judge on the United States Court of Appeals for the Third Circuit. From
1987 to1991 Judge Alito served as United States Attorney for the District of New Jersey.
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH http://www.lawcrossing.com/article/900009183/Prosecutors-and-Defense-Attorneys/ http://litigation.findlaw.com/legal-system/federal-vs-state-courts-key
References: Conflict And Crime Control Model Researchomatic .Retrieved 12 , 2010, from http://www.researchomatic.com/Conflict-And Crime-Control-Model- Samuel A. Alito, Jr. is a Judge on the United States Court of Appeals for the Third Circuit. From 1987 to1991 Judge Alito served as United States Attorney for the District of New Jersey. THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH http://www.lawcrossing.com/article/900009183/Prosecutors-and-Defense-Attorneys/ http://litigation.findlaw.com/legal-system/federal-vs-state-courts-key differences.html#sthash.15Yckraq.dpuf