Crimianl Procedure Policy
Criminal Procedure Policy
Criminal Procedure Policy
Due Process and Crime Control models reflect the law differently by its beliefs and procedural process. Due Process was designed mainly to ensure the defendant’s constitutional rights under the Constitution of the United States of America. Crime Control model leans more toward the victims of the crimes versus the offender. Such model is asserted to ensure that offenders are punishing, and the victims are afforded vindication. Nevertheless, both the Due Process and Crime Control model reflects different sides of the law and its purposes in the criminal justice system.
The due process model was incorporate into the United States Constitution by the founding fathers of this great nation to ensure that no one should be deprive of life, liberty, or property. This has served its way throughout avenues of the criminal justice system such as police investigations, evidence gathering, and even in courtrooms across the United States. According to Duhaime’s legal definition of due process is: “The fundamental procedural safeguards of which every citizen has an absolute right when a state or court purports to take a decision that would affect any right of that citizen” (Duhaime, 2009) Due process made up several rights, but such process focuses on one of the basic ones such as, the right to be heard, and the right to an impartial judge.
The due process model is base on the presumption of the offender’s innocence until proven guilty. Therefore, such clause has given the majority rule that the offender shall remain free until he or she is proven guilty. Others believe that pretrial detention is not necessary unless offenders posted threat to society. Society wants to know who is responsible for determining if offenders are or will post any danger to society. However, everyone does not have the same perspective of seeing things alike. In the same clause, some may see discrepancies from their point of view,
Criminal Procedure Policy
Due Process and Crime Control models reflect the law differently by its beliefs and procedural process. Due Process was designed mainly to ensure the defendant’s constitutional rights under the Constitution of the United States of America. Crime Control model leans more toward the victims of the crimes versus the offender. Such model is asserted to ensure that offenders are punishing, and the victims are afforded vindication. Nevertheless, both the Due Process and Crime Control model reflects different sides of the law and its purposes in the criminal justice system.
The due process model was incorporate into the United States Constitution by the founding fathers of this great nation to ensure that no one should be deprive of life, liberty, or property. This has served its way throughout avenues of the criminal justice system such as police investigations, evidence gathering, and even in courtrooms across the United States. According to Duhaime’s legal definition of due process is: “The fundamental procedural safeguards of which every citizen has an absolute right when a state or court purports to take a decision that would affect any right of that citizen” (Duhaime, 2009) Due process made up several rights, but such process focuses on one of the basic ones such as, the right to be heard, and the right to an impartial judge.
The due process model is base on the presumption of the offender’s innocence until proven guilty. Therefore, such clause has given the majority rule that the offender shall remain free until he or she is proven guilty. Others believe that pretrial detention is not necessary unless offenders posted threat to society. Society wants to know who is responsible for determining if offenders are or will post any danger to society. However, everyone does not have the same perspective of seeing things alike. In the same clause, some may see discrepancies from their point of view,