Criminal Procedure Policy Paper

Chapter one also discusses the importance of the need to have a system of justice in America. Crime was thought to have been previously been linked with poverty, however, this is not the case. The President's Commission on Law Enforcement and Administration of Justice was a group of 19 people appointed by former president Lyndon B. Johnson in order to study the criminal justice system in America. The Challenge of Crime in a Free Society is a report that summarized objectives that shaped the criminal justice system. The chapter also focusses on the models of criminal justice. The Due Process Model, associated mainly with the Warren Court, is a model that wants citizens to have equal fairness of the law. The Crime Control Model, however, suggests that the most important function is the suppression of crime. Overall, the main purpose of chapter one is to inform readers as to why the criminal justice system was created and the need for a justice system in

This first week the assignment was to Define crime, its relationship to the law, and the two most common models of how society determines which acts are criminal, Describe the government structure as it applies to the criminal justice system, Identify choice theories and the their assumptions in regards to crime, Describe the components of the criminal justice system and the criminal justice process, Identify the goals of the criminal justice system.

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.

The major difference between the crime control model and the due process model of law enforcement is that crime control works to repress criminal activity, and due process works to protect a person's rights. Crime control is more focused on the community well-being, versus due process which focus's more on the person who committed the crime. Crime control also believes that it is better to detain an innocent suspect rather than let them be free until proven guilty. Obtaining evidence becomes the number one priority for crime control. Due process only allows evidence to be collected a certain way. Criminals may be allowed to go free if a there was an error in collecting evidence. For an example, in the O.J Simpson case there were issues involving

The criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy, 1999)

The only similarity between Due Process and Crime Control Model is that they both relate to the framework of the United States Constitution. They both embrace Constitutional work and values relating to our adversarial system. Both models make it known that law enforcement including prosecutors and police are not allowed to act against a person unless there is some probable cause and evidence that illustrates that they violated the law.

In my paper to follow I intend to better educate and provide examples and different situations dealing with the Fourth Amendment in criminal procedures.

These two models symbolize a trial to conceptualize two different value bases that contend for precedence in the functioning of the criminal course. This is an aspect that points to there being a number of widespread differences between the two models that shall be explained. A case in point is that while crime control model seeks to offer effectual crime control, the goal of the due process model is to actually offer due justice.

The idea of this paper is to ultimately compare Packer 's two Models of the Criminal Justice System: The Due Process Model, and Crime Control Model to a popular movie of our choice. I chose the the movie, The Lincoln Lawyer, directed by Brad Furman. My goal is to be able to show how the movie and the Packer reading matchup. In this paper, I am comparing how the main character, Mickey Haller, uses both Due Process and the Crime Control Models of the criminal justice system. Mick Haller is a defense attorney, who is faced with many difficult decisions involving the cases he is a part of during the film. In the movie, Mick uses ideas that come from both models of the criminal justice system. I will then talk about how Mick originally feels

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

The great promise of America that has made a British colony in the 50 States today is Freedom. Many Freedoms which still today cause people to flock to the United States. The history of these freedoms starts centuries ago and has developed, revolutionized, and persisted all the way through today. At the core of these Freedoms is the idea of Due Process, the idea that everyone has rights and freedom until they are deprived of them arbitrarily, or by the will of a just third party. Due process has been the most powerful force in American Criminal Justice since its creation and development. It has caused many people to win over the overwhelming odds in court cases and has presided over many righteous

Immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. This controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and, how in addition to these rights secured by America's forefathers, a number of institutions have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, the criminal

Laws governing crime scene searches are identified in three primary sources: statutory and court rules of criminal procedure, case law, and the Constitution. Criminal procedure rulings involve governing aspects including search and seizures can provide valuable information in regards to detailing a search warrant requirement, how the search warrant can be obtained, restrictions and specifications for the execution of the warrant. The criminal procedures will also reflect the requirements for a warrantless search as well as the subsequent arrest. The rules of statutory and court criminal procedures are quite due to each state having their own rules of criminal procedures (Buckles, 2007.)

Then there is the “due process model.” The due process model demands reliability with a decreased importance on efficiency. Unlike the crime control model, the due process model believes that the investigative and prosecutorial fact finding is prone to error and should be investigated further by individuals other than those involved with prosecuting the case. This model can be described as the step by step examination of individual due process.

The Code of Criminal Procedure,1973(CrPC) is the main criminal procedural Law of the country. It regulates the procedure of investigation of crimes, collection of evidence, prosecution of offences, conduct of trials as well as award of punishment of offenders convicted of an offence. The Code of Criminal Procedure extended some special protection to children in a proceeding. During the course of investigation the investigating officer may call any person to police station or any other place, who may be acquainted with the facts. But a child under 15 years of age shall not be required to “attend at any place other than the place in which he or she resides".