A Wise Man Once Proclaimed

The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.

Within the criminal justice system, officials abuse their power. The officials of the justice system have a duty to protect and perform their duties with unbiased decision making. The abuse of power jeopardizes people’s lives who are not able to sustain oneself and their families. Some people do not understand that poorer people find themselves in jail more and once a person is released, that person is subjected to return to jail for the amount of money owed to the state. There are many obstacles for the poor, especially those of color. People of color are treated unfairly in the justice system, from the arrest, the sentencing, and the release. The criminal justice system is supposed to be just but that is not the case. The criminal justice system allows for the police, public defenders, and judges to bend the laws and not be punished for their actions or that apologizes can fix the wrong that has been done. This paper will discuss the abuse of power from the justice system and the solutions to rectify the damages.

The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).

The Justice system seeks to prevent crimes and to capture those who have committed crimes. But what are the causes of crime, maybe poverty, or greed, or is sometimes caused by the system. Is the risk worth the reward and is reward the worth risking the punishment? Power and influence is threaded deeply into the Criminal Justice System. Are all offenders caught and processed with the same demeanor and given the same punishment? The system needs to be impartial to all offenders regardless of the offender’s social position, job or yearly income. The general punishment for most crimes is incarceration in most states with a difference in duration to adjust per each crime. This is the deterrent against crime. This is what should be keeping

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.

In “Leviathan,” Thomas Hobbes believes that citizens choose to obey a sovereign leader in return for security and protection to from violence, chaos and bloodshed that is mankind’s “state of nature.” In a Commonwealth, the body of people agree to submit to a sovereign head of state to rule with absolute power, for the common good of survival and protection, be it given willingly by compact, or by force through acquisition, as outlined in Chapter XVII. Once sovereignty is in place, citizens are obligated to obey. Political legitimacy is the acceptance of authority and faith in an institution, monarchy or an assembly that was chosen by the Commonwealth for protection from their innate selfishness and evil tendencies. Whereas political legitimacy is nonexistent in the state of nature, it is used in a social contract to ensure self-preservation.

There have been a number of changes within the legal and criminal justice system in the last 3-4 decades. History remembers, for example, the Kent State and Chicago Democratic Convention riots in 1968, and since then, a number of criminologists and political scientists have been asked about the use of force, rights-based policing, community involvement, and crime prevention (Russell 2005). The Red Cross and Amnesty International, for instance, have endorsed a rights-based policing model. This idea tempers all police activity with the basic tenet of human rights and rights under the Constitution. Central to this argument is the nature of the relationship between the community and the Criminal Justice System. Local law enforcement bond with community members to implement the day-to-day needs of that community. The idea centers around a basic philosophical tenet: use less force, communicate more, pay attention to human rights, and work to dialog and prevent, not to punish and incarcerate (Williamson 2008).

Society has a need for quality and equal justice along with protection for everyone and the process of how to effectively implement such a thing has been an issue for many years. Focusing on the problems of society incorporates methods of trying to fix it from political measures to law enforcement measures. The combined effort of the two brings out the issue of what method should be used to dominate the problems. Looking at

Locke feels that this system of government is lacking in that the ruler has all control, and may not be stopped in abuses of power, which Locke fears. Humans beings decide to form a society out of the state of nature because there must be unity among men in order to protect one another, and so that they may punish offenders of the justice. Men do this under the rule of an indivdual who is selected by the people, and to whom the people give up some of their personal rights.Though humans give up certain rights to the chosen authoriy, they are entitled to certain rights reserved to them alone, which they hold within the society. All members of the society should be equal under the law of justice, and that no man is better than another, since all men are created equal, and all are equal before the laws of nature. The law of nature states that people attain property through the labour they do.The ruler or authority over a society should be an indivdual

Hobbes’ Leviathan and Locke’s Second Treatise of Government comprise critical works in the lexicon of political science theory. Both works expound on the origins and purpose of civil society and government. Hobbes’ and Locke’s writings center on the definition of the “state of nature” and the best means by which a society develops a systemic format from this beginning. The authors hold opposing views as to how man fits into the state of nature and the means by which a government should be formed and what type of government constitutes the best. This difference arises from different conceptions about human nature and “the state of nature”, a condition in which the human race

Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The

The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.

John Locke (1689) and Thomas Hobbes (2010) share a common underlying concern: establishing a social contract between the government and the governed. To be legitimate, government must rest in the final analysis on the “consent” of the governed, they maintain. They also share a common view of humanity as prone to selfishness (Morgan, 2011 p. 575-800). Given the modern era, Hobbes views of the state of nature and government seem antiquated; no longer do the masses wish to be subservient to anyone man without question. Lockean principals are now the base for today’s modern, just, prosperous and free states.