The Crime Control Model and the due Process Model in The Brothel Boy

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.

There are two models that describe the criminal process. One model is the Crime Control Model and the other is the Due Process Model. These two models describe an attempt to abstract two separate systems that

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

When asked to define the word rape, a number of responses may be given depending upon what country or state one lives in and if one is a male or female. According to Pandora’s Project.org, rape is defined as any sexual contact or penetration attained without consent; with physical force, intimidation, threat, trickery, or when the victim is mentally capacitated, physically or mentally impaired, asleep or unconscious; this includes due to voluntary or involuntary alcohol or drug consumption.

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)

Duo Process and Crime Control Model are very much different from each other, and have different values to the criminal justice system. Due Process Model believes that policing within the criminal justice system is crucial to preserving justice within society. Also, Due Process Model believes in the rights of the defendants and proving their guilt is essential to keep the government in control. Due Process Model believes that people that are detained are perceived to be innocent until proven guilty in a court of law. On the other hand, the Crime Control model believes that the people that are arrested need to be punished by the government if they are found guilty. Overall, the Crime Control model has a negative effect on the criminal justice system and believes that the rights of the defendant exceeds the amount of money spent on employing police officers and building prisons.

From birth, our families, friends, and society influenced our choices. We were told what we could and could not accept. The music we listened to, the food we ate, and the clothes we wore were all influenced by someone in our community or household. These experiences from your childhood tend to determine the choices we will make as adults. We are living in a world that approaches life with a black or white perceptive, meaning decisions in life are either morally right or morally wrong. Differential Association Theory is defined as a criminological theory created by Edwin Sutherland that focuses on criminal behavior being learned through association with others (Walsh, 559). The theory focuses on an individual’s life that could lead them to a life of crime.

So as to realize this high function, the crime control model calls for the idea that primary consideration be accorded to the effectiveness with which the criminal procedure functions to screen wrong doers, establish culpability and secure suitable outlook or character of individuals found guilty of criminal offences. For the crime control model, permissible measures must not precede, sustenance for the police, nor

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 “crime control model” refers to a theory of criminal justice which places importance on reducing the crime in society through increased police and prosecutorial powers. This means that the model wants to see criminal cases handled through quick procedures and direct handling of cases from start to finish. The model believes that if a police officer has respected a person’s rights from the beginning of the case until the conclusion of arrest then the individual is likely to be guilty. The model could also be described as founded on the presumption of guilt.

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.

Differential Association theory was designed by Sutherland and Cressey (1960) which has a concept that mainly states criminal behavior is learned. The theory itself brings forward nine separate points that’s described what can lead to criminal behavior being learned. Some of those include; criminal behavior is learned in interaction with other persons, the setting is within intimate personal groups, techniques of committing the crime are learned, a person becomes delinquent because of an excess of definitions favorable to violation of the law. However the final point of this theory defines that while “criminal behavior is an expression of general needs and values, it is not explained by those general needs and values since non-criminal behavior is an expression of the same needs and values”

The famous criminologist Edwin Sutherland developed Differential Association Theory in 1939. He felt that criminal behavior is behavior, learned, and is learned in face-to-face interactions with others. Differential association, which operates on the individual level, is where behavior is learned through interaction with others. Through this interaction an individual will learn the techniques and skills necessary to commit crime as well as the motives, rationalization, and attitudes necessary for the crime. This is achieved by determining whether the pros outweigh the cons using the factors of frequency, duration, priority, and intensity.

The Differential Association Theory, established by Edwin Sutherland in 1947, explicit the deviance of an individual's behavior and how it is learned through interaction with others or associations. There are several components that play a role in this theory that determines the main causes of delinquency. One of the components of this theory is, a person do not inherently become a criminal, it is a learned behavior. A person cannot decide one day he wants to commit a crime if he is not influence or challenge by others. When someone engages in criminal acts, they are most likely influence in some way that motivates them to commit the crime.

Constructed by a Stanford University law professor, Herbert Packer, the Due Process Model starts with skepticism about the morality and utility of the criminal sanction, especially in relation to "victimless crimes" based on consensual transactions. This skepticism is based on the liberal values of the primacy of the individual and the complementary concept of limitation on official power and concerns about the intrusive policing required to enforce drug, obscenity, and prostitution laws. Many police abuses could be prevented if the legislature did not insist on criminalizing such activities. Decriminalization would also reduce the workload of the criminal justice system and allow more time to be devoted to respecting the rights of those accused of more serious crimes. The due process model places much less emphasis on efficiency and guilty pleas than the crime control model. The validating authority comes from the Supreme Court and the restrictions that many courts are interpreting the Constitution have many places on the state's creation and pursuit of crime (Roach, 1999).