Law enforcement officers, prosecutors, and the Department of Corrections are not always aware of changes in the laws. The courts are set up to be fair, so law enforcement usually end up on the defense. Since judges are elected into the court, there are usually political conflicts within the system. Also, personal feelings about the crime committed can cause a conflict with charges filed and sentence given.
There are two models of criminal justice; Due process and crime control. The crime control theory is that criminals should be pursued and crimes punished. I agree that all crimes should be punishable, but should the crime be investigated before giving a person a bad name? The due process model is focused on the rights of the individual. The 14th amendment states that all people should be treated equally; I am a firm believer in the 14th amendment. The due process model is more useful and more accurate because it prevents one from going to jail without a trial. The court must use fair procedures when they make decisions and they must use fair procedures when enforcing the law. This is so no one goes without a fair trial. The Bill of Rights says that if you are accused of a crime, you have the right to have a lawyer help defend you. If the government did not allow you to have a lawyer; they would have violated your right to due process that is guaranteed by the Constitution.
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