Wednesday, March 6, 2019
Due Process vs Crime Control Essay
AbstractAlthough curse control and due exhibit have rough similarities, there atomic number 18 more contrasts amongst the two. law-breaking control emphasizes crime prevention, whereas due process emphasizes the harborion of citizens rights from mistakes made by twist referee agencies. The honest dimensions of draw issues confronting the sad justice organisation and closed-door security concerning to due process and crime control are citizens rights, proper well-grounded representation, as well as physical force, when to engagement deadly force, and deceptions. The private security industry also faces key ethical issues regarding the lack of training, in addition to violations of rules and regulations. due Process or Crime ControlThe ethical extent of key issues confronting the criminal justice system and private security regarding due process and crime control are many another(prenominal), such as non knowing what the right course of attain is, difficulty doing what is considered right, or simply finding the wrong choice to be very tempting. Due process is a citizens right to proper legal representation, procedures, and justice of individuals, which decreases the cater of political relation. The briny goal of due process is to value individuals from mistakes made by law enforcement agents and prosecutors.In contrast, crime control increases the power of the government in order to protect society, which diminishes an individual citizens rights (US effective, Inc., 2001-2008). The main goal of crime control is crime suppression, which allow ins key issues of physical force, when to habit deadly force, undercover work, deceptions, as well as many others in the criminal justice system. In the private security field, the key issues include the lack of training and violations of rules and regulations of the industry (Gould, 2008).Due ProcessAccording to baggers due process forge, which consists of the following points of view, emphasizes the contrasts with the crime control model (Cliffnotes.com). 1. The most key function of criminal justice should be to bear due process or fundamental fairness under the law. 2. sinful justice should concentrate on defendants rights, not victims rights, because the Bill of Rights expressly provides for the safeguard of defendants rights. 3. Police powers should be limited to prevent official oppression of the individual. 4. constitutive(a) rights are not mere technicalities criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process. 5. The criminal justice process should look like an obstacle course, consisting of a serial publication of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually unlawful. 6. The government should not hold a person guilty solely on the groundwork of the facts a person should be found guilty only if the government follows legal procedures in its fact-finding.Crime ControlThe following contentions are the key concerns of the crime control, which points out the differences of due process. (Cliffnotes.com). 1. The repression of crime should be the most important function of criminal justice because order is a necessary intend for a free society. 2. Criminal justice should concentrate on vindicating victims rights quite than on protecting defendants rights. 3. Police powers should be expanded to involve it easier to investigate, arrest, search, seize, and convict. 4. Legal technicalities that handcuff the police should be eliminated. 5. The criminal justice process should lead like an assembly-line conveyor belt, moving cases swiftly along toward their disposition. 6. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is highly reliable. 7. The mai n objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused.Similarities between Due Process and Crime ControlAlthough the differences are many and well emphasized, there are a few similarities between due process and crime control. Both uphold laws and regulations that have been complete throughout the many years of this country. The similarities are1.Accept constitutional values2.Hold to ex post facto prohibition3.Duty to enforce laws where violations have occurredConclusionDue process and crime control propose to serve similar objectives, which are to let down crime and protect the citizens of the join States. The ethical key issues that plague the due process and crime control models vary among the two, in how to deal with the many issues and the best way to deal with the issues are conflicting. The differences between the two on how to reach these objectives are many, yet the few similarities assist in care bo th processes abide by the laws established by the government of the United States.ReferencesUSLegal, Inc. (2001-2008). US Legal Definitions. Retrieved on January 5, 2010 from http//definitions.uslegal.com/c/crime-control-model/ Gould, M. (2008). Business, Ethics & Society, (p. 1). Great distinguish Publishing. Retrieved January 4, 2010, from Research Starters Business database. CliffsNotes.com. (n.d.). Which Model? Crime Control or Due Process. Retrieved on January 4, 2010, from http//www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/topicArticleId-10065,articleId-9911.html
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