Criminal Procedure Essay

Our society for the most part has a set of written laws by which it operates under. Laws govern our behavior in society and list punishments by which individuals that break them will be prosecuted and sentenced. Our criminal justice system is essential made up of three major intuitions which see a case from the beginning and through the trial and finally to the punishment phase ("How Does the Criminal Justice System Work?," 2014). Our society needs laws and punishment for those who violet the laws otherwise we would live in a world of chaos. In this paper we will examine various aspects of the criminal process from arrest through sentencing and appeal.

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.

In the United State we have many systems, like all others, it is separated the use of some irrelevant or untrustworthy evidence. The system that I am referring to and the one that we will be discussing in this paper is the exclusionary rule. It is the introduction of a good evidence, that it is obtained by a bad law enforcement, is most common in the United State than other countries legal system. To put it in other words, the exclusionary rule is controversial. Therefore, many experts say that it sets criminals free on minor points. In this paper, I will speak about the pros and cons of the exclusionary rule, how it is effecting the criminal justice system of the United State. In addition, I will speak and summarize the case of Pennsylvania Board of Probation and Parole v. Scott from 1998, this will be a great example of the exclusionary rule and the effects about them. Furthermore, I will show how this case was important with the Exclusionary Rule, and my opinion on the matter.

The Due Process and Crime Control Models are able to coexist. Frank Scmalleger, a noted criminologist, support a new approach where "it is realistic to think of the U.S. system of justice as representative of crime control through due process." (Schmallager et al, 1999) In using both of these models law enforcement and the judicial system can

In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?

The criminal justice field faces the challenges of getting criminals off the streets, and prosecuting them, while using limited funds and manpower. Citizens expect results, and want to feel safe when they are in their own neighborhood. On the other hand, citizens in our democratic country expect people to be treated fairly, and feel the need to make sure that no innocent people are wrongly sent to jail. It is a balancing act of keeping the community safe on one hand, and on the other, making sure that no one’s rights are violated. It is like being told to do a job, but then having all these rules and obstacles you have to navigate around in order to do your job. The following paper is a study of the differences between due

This model supports those actions of the police and prosecutors to the fullest extent. The analogy used to describe what the Crime Control Model looks like is a "conveyor belt." It moves the "alleged Criminal" through the system with the forethought that everyone is guilty until proven otherwise. This model also limits the amount of plea-bargaining and appeals. The demand for finality is high in the Crime Control Model.

The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm, ensure everyone’s safety, and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice system needs to evolve so it is important to create new laws to keep up with the evolution and new trends. As new trends and contemporary issues develop in society, they can have a direct impact on the different functions of the criminal justice

This paper will describe my understanding of the text and of the lectures provided in the class. Unlike most classes, where I understood only my view of the text, this class was geared so each student would understand each other’s view. 3 An organization is a collective that has some boundary and internal structure that engages in activities related to some complex set of goals. Members of organizations attempt to meet their psychological, ego and emotional needs within the organization. Criminal justice organizations are particularly unique compared to other public or private sector organizations because of the governmental granted authority. Management within these organizations can be defined as the process by

These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward

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.

I have come to the conclusion after reading this article that the intended audience is anyone involved in the criminal justice system. Police officers, lawyers, judges, probation officers and everyone in between can find use in the article and its comparing and contrasting of the crime control model and due process model.

American Criminal Justice System The criminal judicial system in America has two main models, the crime control model and the due process model. There has been several debates on which model is the most effective in combating crime in America. Crime control model emphasizes on crime reduction by increasing prosecution powers (Hung-En, 2006). On the other hand, the due process model of crime control aims at increasing the people’s rights and liberty and limiting governmental powers. Unlike the due process model, the crime control model believes in with an increase in governmental powers and reduction of individual freedom in order to mitigate crime in the society.

In one of the most important contributions to systematic thought about the administration of criminal justice, Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system.