Compare and Contrast How the Due Process and Crime Control Modle Shapes Criminal Procedures

In: Other Topics

Submitted By fairbee
Words 977
Pages 4
Research Proposal, Part I Rodriquez Richmond Don Fairbee Courtney Westmoreland CJA/334 - RESEARCH METHODS IN CRIMINAL JUSTICE JOHN FERRANTE May 2, 2013


Correctional inmates engage in drug-related and sexual risk behaviors, and the transmission of HIV, hepatitis, and sexually transmitted diseases occurs in correctional facilities. However, there is uncertainty about the extent of transmission, and hyperbolic descriptions of its extent may further stigmatize inmates and elicit punitive responses. Whether infection was acquired within or outside correctional facilities, the prevalence of HIV and other infectious diseases is much higher among inmates than among those in the general community, and the burden of disease among inmates and releases is disproportionately heavy. A comprehensive response is needed, including voluntary counseling and testing on request that is linked to high-quality treatment, disease prevention education, substance abuse treatment, and discharge planning and transitional programs for releases. General area being studied Sexual activity among inmates is a complex phenomenon that occurs along a continuum, from the entirely consensual to the violently coerced. The New York Times detailed a gang-run system of sexual slavery in a Texas prison, where at least 1 gay inmate claimed he was bought and sold numerous times and “forced into oral sex and anal sex on a daily basis.”9 Recent federal legislation called for research into the prevalence and patterns of rape and other sexual victimization within correctional facilities to inform policy changes aimed at controlling these abuses.9 A Human Rights Watch report presented accounts of sexual slavery from inmates in Texas, Illinois, Michigan,…...

Similar Documents

Compare and Contrast Crime Andc Terrorism

...Compare and Contrast Crime and Terrorism ADJ 215 Criminology Islamic Jihad Group The Islamic Jihad group is known today as the Egyptian Islamic Jihad. This group has been active since the 1970’s. This group is under a worldwide embargo through the United Nations because of the affiliation of the Al-Qaeda. Several governments has banned this group including The Russian Federation. The leader of this group since 1991 has been Ayman al-Zawahiri. The primary goal of this group was to overthrow the Egyptian government which was planned to be replaced with the Islamic state. In later years the interest of this group was broadened to include in attacking the United States as well as Israel with interests in Egypt and abroad. This group has thought to have suffered setbacks from numerous arrests of operatives worldwide. The most recent being in Lebanon and Yemen. In 2001 Al Qaeda and Egyptian Islamic Jihad became known by a different name which was “Qaeda al-Jihad.” This merger originally started in 1980 which came from two clusters of the Islamist groups. The Cairo branch which was under the rule of Mohammad abd al-Salam Faraj. The Saidi (upper Egypt) branch under the rule of Karam Zuhdi. The assassination of the Egyptian president Anwar Sadat was carried out October 6, 1981. After the assassination all members of the Tanzim al-Jihad were captured by the Egyptian government. During the Egyptian trial the......

Words: 1061 - Pages: 5

Compare the Three Models of the Criminal Justice Process

...Compare the three models of the criminal justice process (the Wedding Cake, the Funnel and the Net Models) The criminal justice process is very complex process and varies from state to state. Three models of the criminal justice process as discussed and reviewed in chapter 9 of out textbook are the funnel, wedding and net. (Meyer, Grant 2003) In this essay I will compare these three models of the criminal justice process and give my opinion on which model I think best describes the criminal justice system as it is today. I will also give you a rationale for the choice that I choose. The first model I will discuss is the funnel model. This model looks at how decisions are made at each level in the criminal justice process and sort out those people and cases that it feels should not go through the entire process from those whom it feels should. This process is used as a means of limiting the number cases to a small percentage of cases that have to be resolved by trial advocacy and incarceration. The process limits the amount of offenders in court and incarcerated at any given time. The benefit of this model is it prevents the criminal justice system from becoming backed up. The truth is the criminal Justice system is already backed up, and crimes are increasing on a daily basis. A common misconception of the funnel process is that it "lets criminals off,” however this is not true. Most cases are often dismissed or pleas are bargained due to lack of evidence. The truth is......

Words: 855 - Pages: 4

Criminal Procedure

... The process of criminal procedure involves regulations, which aid the order of procedures the government authorities use to apply criminal laws. The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendment, and the Supremes Court understanding of the constitution are important for the study of criminal procedures (Zalman, 2008). The Federal Rules in criminal procedures ensure citizens’ rights to due process, right to a fair trial, right to equal protection, and right to lie, liberty, and property. Due process and crime control models play a major role in shaping criminal procedures. Both models hold some form of constitutional values required in the society we live in (Zalman, 2008). In this paper I will briefly discuss the similarities and the differences and how they have an effect on criminal procedure policies. Crime control model is known as the “presumption of guilt” model. This model assumes defendants are guilty, police and prosecutors are precise in their choices to arrest, apprehend, and prosecute suspects. As a result, the remaining steps in the criminal procedures become automatic and the investigative stages can be opposed (Zalman, 2008). Defendants are moved swiftly through the criminal justice system because he or he is presumed guilty until proven innocent in the court of law. Due process is based on the adversary law system, which believes an individual is innocent until proven guilty in the court of law. The adversary system prohibits law......

Words: 1074 - Pages: 5

Compare/Contrast Criminal Movie

...1 2 Lets Go to the Movies: Crime is big on the silver screen and the tube as well. Here you need to choose two criminal justice –related movies, which you have seen to compare and contrast them both: In this essay I will compare the similarities and contrast the differences between two crime film openings. I will be comparing The Next Three Days' and 'The Hurricane'. I will analyze the two film openings and see how they establish their own crime film genre. Genre is a way of categorizing a film. From genre, producers are able to market their films to a target audience. With some films it is difficult to categorize them as a certain genre as they may contain more than one genre. A hybrid genre is a film, which contains more than one genre. An example of a hybrid genre is 'All about the Benjamin’s' the genres in this film are comedy, romance, crime and also drama. Most films nowadays are hybrid genre as they appeal to a larger audience. These films contain both genre of drama, romance, crime, suspense, and “wrongly accusations”. A glimpse of each movie: (1) The Next Three Days: This movie stars “just to name a few” Russell Crowe as John Brennan, Elizabeth Banks as Lara Brennan, Brian Dennehy as George Brennan, and Lennie James as Lieutenant Nabulsi. This movie is about a women by the name of Lara Brennan (Banks) which is convicted of murdering her boss after an altercation at work and after a trial is sentenced to......

Words: 2549 - Pages: 11

Criminal Procedure

...Criminal procedure policy paper CJA/364 DEC/19/2012 Susan Strick Criminal procedure policy paper Criminal procedure is broken down into two models and was designed by a professor who studied law at Stand Ford University his name was Herbert Packer. The first model is due process, this process believes in the rights of the individual this will be known as politically liberal. The second model is crime control this supports to regulate the conduct and behavior of individuals. This is considered politically conservative. These models are intended to embody the sets of different values that run the criminal justice system. In this paper both of the criminal procedure will be discussed and compared to show the similarities and differences. This will also be a way of figuring how the effects of policies in the criminal procedure this will be done by looking at the amendments made in the constitution of the United States looking at the fourth, fifth and sixth amendment and also the fourteenth. The fourteenth amendment including the bill of rights will be a critical aspect of achieving the goal of this paper. The procedure that is most used in the criminal proceedings is the due process model. As an individual a person will try to preserve the standard of holding their right to life, property, and liberty. As an individual a person will not let go of the rights without undergoing the right due process promised to them that is stated in the bill of rights. An officer even......

Words: 1132 - Pages: 5

Due Process and Crime Control

...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics......

Words: 2336 - Pages: 10

Compare and Contrast Paper

...Compare and Contrast Karen Hovenga CJA/464 August 12, 2013 Ruth Ebner The Due Process and Crime Control Model are an account of two structures absolutely different from one another and are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime is the key value” (Neubauer, 2001, 12). When comparing the two control models their opinions differ completely in reference to the causes of crime. Additionally when comparing crime control and due process models one needs to remember, “Proponents of both models embrace constitutional values which are necessary to the kind of society in which American wish to live” (Zalman, 2008, p. 4). In addition answers will be given to questions about the effects on law enforcement, courts, and differences between federal, and state polices, and distinguishes these values. To utilize plea bargaining is controversial because of the fear that innocent defendants would take a plea and the judge would impose unduly sentences (Neubauer, 2008, p. 20). Also the criticism focuses on the deterrent effect of the punishment itself. The crime control model, court hearings have eroded the deterrent effect of punishment (Neubauer, 2009, p. 20). “Not only is the problem serious, but there is evidence......

Words: 2181 - Pages: 9

Compare and Contrast the Crime Control and Due Process Models Utilized by the Criminal Justice System

...The conflict and crime model of justice places a high priority on reducing criminal activity in society by increasing the powers of law enforcement personnel and the prosecutors. The consensus and due process model places emphasis on the individual’s rights and liberty and is concerned about the overwhelming power of the government over the individual. The role each plays is the same, which means each model is funded by the government. The crime control model is in complete agreement with programs that are funded to prosecute with an iron hand. The due process model supporters want less government involvement and more humane treatment. The United States is at great risk in the war against terror. The American homeland is not secure even though there have been several new laws passed such as the Patriot Act, the Visa Reform Act, enhanced border security, and reorganization of several federal government agencies into the Department of Homeland Security. The United States Department of Justice has asked that state and local law enforcement help secure the American homeland. The federal government has groups involved in maintaining border security, other officers working on immigration enforcement, but many feel as though the government has taken a “hear no evil, see no evil and speak no evil” approach to illegal immigration. Police at the state and local levels often are puzzled about how much authority they have in regard to immigration laws. Local law enforcement......

Words: 1777 - Pages: 8

Due Process and Crime Control

...Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. 1968 by Herbert L. Packer. 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. T wo models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law. These models are not labeled Is and Ought, nor are they to be taken in that sense. Rather, they represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process. Neither is presented as either corresponding to reality or representing the ideal to the exclusion of the other. The two models merely afford a convenient way to talk about the operation of a process whose day-to-day functioning involves a constant series of minute adjustments between the competing demands of two value systems and whose normative future likewise involves a series of resolutions of the tensions between competing claims. I call these......

Words: 8195 - Pages: 33

Criminal Procedure

...Criminal Procedure Policy Sesanee Lewis CJA/364 January 20, 2014 Walsh, Timothy Criminal Procedure Policy Due process and crime control model shapes the procedures of polices regarding criminals and law enforcement. Due process gives citizens the right to be treated as innocent until proven guilty which is the opposite to the crime control model; you are guilty until proven innocent. Two different approaches, one is a process in which citizens is ensured law enforcement conduct themselves within legal procedures during arrest and the collection of evidence; the other process relying on the integrity of law enforcement by not questioning probable cause nor the collection of evidence to show the guilt of an offender. Due Process gives citizens of America the right to not be deprived of life, liberty, or property without law enforcement going obtaining a warrant by a judge. The rights of citizens by way of due process guarantee a fair process within the criminal justice system. The due process model system of values revolves around the concept of primarily of the individual rights and the complementary concept of limitation of official power of the government. Power is always subject to abuse (Griffiths, 1970). Due process limits this power by give law enforcement rules and regulations as to what they can and cannot do to arrest a citizen and obtain evidence for an arrest. The criminal procedure of due process begins at law enforcement legally......

Words: 1150 - Pages: 5

How to Contrast and Compare in an Essay

...How to compare and contrast essay As you generate points of comparison, consider the purpose and content of the assignment and the focus of the class. What do you think the professor wants you to learn by doing this comparison/contrast? How does it fit with what you have been studying so far and with the other assignments in the course? Are there any clues about what to focus on in the assignment itself? Here are some general questions about different types of things you might have to compare. These are by no means complete or definitive lists; they’re just here to give you some ideas—you can generate your own questions for these and other types of comparison. You may want to begin by using the questions reporters traditionally ask: Who? What? Where? When? Why? How? If you’re talking about objects, you might also consider general properties like size, shape, color, sound, weight, taste, texture, smell, number, duration, and location. Two historical periods or events When did they occur—do you know the date(s) and duration? What happened or changed during each? Why are they significant? What kinds of work did people do? What kinds of relationships did they have? What did they value? What kinds of governments were there? Who were important people involved? What caused events in these periods, and what consequences did they have later on? Two ideas or theories What are they about? Did they originate at some particular time? Who created them? Who uses or defends them?......

Words: 1823 - Pages: 8

How to Write a Compare &Contrast Essay

...How to Write a Compare/Contrast Essay Compare and contrast essays are the other big essay types in academic writing. These essays will follow a specific question and are fairly easy to complete. There are several ways to write this type of essay. The most important thing to remember is structure. Many wonderful essays fall victim to the woes of bad structure, making any ingenuity to fall by the wayside. Go over the rules on how to write a general essay, and then structure your compare/contrast essay in one of the following two formats: 1. Introduction 2. Your introduction — like the five-paragraph-essay, should open generally (with a quotation, anecdote, generalization), and lead into the thesis statement. 3. Topic 1 4. This next portion of your essay (which may consist of one paragraph or several) should cover only the first topic of the comparison and contrast. Compare/Contrast essays take two topics and illustrate how they are similar and dissimilar. Do not mention topic 2 in this first portion. 5. Topic 2 6. This next portion of your essay (which may also consist of one or more paragraphs) should cover the second of the two topics. Do not discuss Topic 1 in this section. Since you have already gone into great detail about it, you may allude to Topic 1 briefly; however, do not analyze Topic 1 in this section. This portion of the paper is to discuss Topic 2 in great detail. 7. Topics 1 and 2 Together 8. Now that you have analyzed both Topic 1 and Topic 2......

Words: 1602 - Pages: 7

Crime Control Model vs. Due Process Model

...Essay No. 1 CJE3512 Crime Control Model vs. Due Process Model In 1968 Herbert Packer developed two different models that try to explain the different roles and competing values of criminal courts. These models are known as the Crime Control Model and the Due Process Model. Although they are both very different systems, they each impact the way our judicial system is ran. The Crime Control Model is known to be more conservative while the Due Process Model is more liberal. One focuses on the repression of criminal conduct while the other focuses on respect for and protection of individual rights. (Neubauer, Fradella 2013) The Crime Control Model believes in the repression of criminal conduct. This model focuses on factual guilt rather than legal guilt. They consider that any information from the police or prosecutors should be enough to convict a criminal. “Fact finding-initially by the police and later by the prosecutor- is sufficiently foolproof to prevent the innocent from being falsely convicted.” (Neubauer, Fradella 2013) This model emphasizes on reducing crime in society through increased police and prosecutorial powers. According to this model the courts should process cases quickly and advocate decisions of convictions. The principle of the Due Process Model is that citizens have absolute rights and cannot be deprived of them without legal procedures and safeguards. Adherents of this model are usually concerned with unfair rulings from courts towards......

Words: 565 - Pages: 3

How Has Due Process in the 5th and 14th Amendment Influence Criminal Law

...accused person is found not guilty by the jury, he or she will be able to return back into society as a free person.     As we can see, due process has changed our justice system from... The Due Process Clause requires “due process”-basic procedural rights- and protects substantive rights.   Procedural rights are rights that dictate how the government can legally take away a person’s freedom, property, or life. Moreover, substantive rights secure individual’s basic rights as stated in the Fifth Amendment and Fourteenth Amendment. The Fifth Amendment applies to the federal government whereas the Fourteenth Amendment applies to the states.   The right to due process, as stated in the Fifth and Fourteenth Amendments is the most significant right of all because it serves as an assurance that all levels of government must function within the law and offer fair procedures. As stated in the Fifth Amendment, “No person shall be deprived of life, liberty, or property, without due process of law.”   The government is required apt justification and fair and just legal procedures in order to take away a person’s life, liberty, or property. If The Bill of Rights did not offer such an amendment, any person can be stripped of their life, liberty, or property, without the government even presenting any lawful grounds. Action denying the process that is “due” would be unconstitutional.   Furthermore, the Fourteenth Amendment adds, “No state shall make or enforce any law which shall......

Words: 499 - Pages: 2

Criminal Procedure

...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes......

Words: 1348 - Pages: 6

Kyle Glenn Thomas | Armor Hero | Bingbing Li