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.

These rules have been developed in order to try and keep the process fair to both sides and ensure consistency between trials. The implementation of legal aid ensures that poorer offenders have access to the legal system and receive a fair trial. The measures both legal and non-legal through the criminal trial process ensure that each offender receives a fair trial in which they can be correctly convicted and effectively sentenced.

Some of these rights are the right to be assumed innocent until proven guilty, the right against arrest without probable cause, the right against self-incrimination, the right to an attorney, and the right to fair questioning by the police. All of this is part of the Due Process Model but one thing the Due Process Model calls into question is, do the rights of the individual outweigh the rights of the many? (Perron)

The law and legal processes are utilised in various ways in order to provide a fair and just trial process for the victim and the accused, as well as the general community. There are set standards ensuring that the trial process is a fair one for all involved, as a functioning, fair and efficient justice system is the cornerstone of any true democracy.

In chapter one, Joel Samaha discusses the road map of criminal procedure. Throughout the roadmap, the author demonstrates the overall guidelines as to how one is eventually institutionalized. The author claims the vast majority of law abiding citizens seize to surpass the first part of his ideal journey. However if an individual is charged, they will undergo a series of five components.

The two models that we have encountered in this class are the due process model and the law-and-order, or the crime control model. The due process model can be observed, most famously, during the Warren Court in the 1960s, during Warren’s time as Chief Justice the court was most concerned with protecting and extending the rights of the accused. The due process model puts more strain on the prosecution to prove that the criminal’s rights were not infringed upon and that he actually committed the crime. In contrast, the crime control model is most concerned with lowering crime and deterring future criminals by prosecuting and processing criminals and cases as fast as possible. In some ways, this model resembles an assembly line, in the sense that it attempts to process cases as quickly and efficiently as possible. This model is much more concerned with convictions rather than upholding the rights of the accused. It is most prevalent starting in the late 1960s when Nixon appointed Warren Burger as Chief Justice, this model continued on with Chief Justice Rehnquist in the 1980s and continues on today under the current Chief Justice, John Roberts. However, the crime control model finds some opposition in the Justices Sonia Sotomayor and Elena Kagan who were appointed by President Obama, these two Justices tend to lean more towards the due process model.

The criminal trial process has many aspects which aim to balance the rights of victims, offenders and society, including plea bargains and charge negotiations, the ability of defendants to hire legal representation and complete and partial defences. However, these processes do not always succeed in completely achieving justice for victims, offenders and society.

I believe that the best model for the criminal justice system is due process model. The due process model requires the case to move from one stage to another through the justice system, which reduces the number of errors that may be made when sentencing individuals for their crimes.

The criminal justice administration today faces various issues and problems thus needing serious reforms. In most cases, many nonviolent offenders go to jail because many prosecutors and district attorneys succumb to political pressure hence become tough on crime. The prisons are always populated and there are minimal resources to ensure there are significant improvements in the system. Some of the key issues facing Criminal justice department today include; wrongful convictions, gangs, racial injustices in the administration, excessive criminalization, socio economic considerations, and problems with

Criminal Justice System Today’s criminal justice system is corrupted. It is outdated, unfair, and unethical. For just the smallest crimes, we punish a very high percentage of our population creating life long obstacles in their life after their sentences. What was once a system that was designed to protect the people and treat them with justice, has now become a business designed to profit off of criminals.

The criminal justice system in particular, has two sets of underlying values such as due process, which focus primarily on protecting the rights of individuals and crime control, which stresses the punishment and repression of criminal conduct. Without these underlying factors, there would be a lack of fairness among the accused, and criminals would get away with murder if we didn't

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

There is a responsibility of the prosecution team to prove, beyond a reasonable doubt, that the individual is guilty of a crime and they cannot be tried for the same crime twice. This protects the natural rights of all citizens. The second strength is the right to proper defense. All individuals have the right to legal representation. The many sanctions that are in place, ensure that there is no abuse of the prosecutorial power.

The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.

Criminal justice is a complex system that requires a method to fully understand the many facets involved. Herbert L. Packer, Stanford University of Law Professor, published two key documents, an article "Two Models of the Criminal Process" and a book titled The Limits of Criminal Sanction which presented two models of the criminal justice system; the crime control model and the due process model. Packer 's objective was to present two very diverse methods to understand and process the workings of the criminal justice system. Even though Packer 's models are polar opposites, they do have some commonality in their adherences to the U. S. Constitution and its principles. However, their adherence is accomplished in their own unique way (Marion & Oliver, 2012). Subsequently, Malcom M. Feeley, a professor of criminal justice and law, expanded on Packer 's models which provided two viewpoints, rational goal and functional systems models, for understanding the criminal justice system, and provide insight on the most efficient way to organize the criminal justice system (Marion et al., 2012). In examining Packer 's models and Feeley 's models, one can visualize how the crime control, due process, rational goal, and functional systems models are related.