The criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy‚ 1999) The Due Process
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Herbert Packer a professor from Stanford University came up with two models of how the criminal justice system works. The two models that Herbert Packer had came up with is the crime control model and due process model.The crime control model is based on conservative values such as aggressive arrest‚ prosecution and conviction of criminals and makes the system more efficient and safer for people. The due process control is basically protecting an individual’s rights whether they’re accused and to
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under this martial law. Election frauds were also perceived. Justice among those involve were deserted and abandoned and Justice for the country’s democracy were put in to trash. Martial rule and suspension of writ of habeas corpus‚ which allows warrantless arrests‚ detention and conduct of searches‚ have been a convenient solution for the police force ’s incompetence in enforcing their rudimentary duties. The soldiers have cemented their de facto superiority over the police in conflict areas. But
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SANLAKAS vs. EXECUTIVE SECRETARY ANGELO REYES G.R. No. 159085. February 3‚ 2004 FACTS: They came in the middle of the night. Armed with high-powered ammunitions and explosives‚ some three hundred junior officers and enlisted men of the Armed Forces of the Philippines (AFP) stormed into the Oakwood Premiere apartments in Makati City in the wee hours of July 27‚ 2003. Bewailing the corruption in the AFP‚ the soldiers demanded‚ among other things‚ the resignation of the President‚ the Secretary
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According to the Constitution‚ Officer Wheetley did not have any legal right to search Harris’ car prior to the walk about with Aldo. Once Aldo indicated that there may be drugs in the car‚ then a limited warrantless search was appropriate‚ which resulting in the finding of drugs. But was Aldo even needed in this situation? Officer Wheetley had no reason to suspect Harris of having drugs in his vehicle‚ except that he was acting suspicious‚ which should not
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shares from the company in 2008. While the Galleon Group value dropped to $4 billion in assets. Mr. Rajaratnam was arrested in October 2009 and charged with running the biggest insider trading scheme in a hedge fund’s history. The investigator‘s use wiretapping and confidential witnesses in order to get evidence for this case. Justice Department and the Securities and Exchange Commission accused Mr. Rajaratnam and five others whom were relying on a huge network of insider trading and using the confidential
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Continuous surveillance is no longer a fragment of science fiction owing its origin to a high tech Spielberg or Cameron movie. Governments now have access to the minute details of citizens across borders violating the very basics of an individual’s right to Privacy on the pretext of preventing harm and prosecute wrongdoings especially from organised groups and terrorists. In June 2013 Edward Snowden‚ a former employee of Booz Allen Hamilton‚ a contractor for the NSA‚ leaked details of extensive internet
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* Indictment—federal government states their case (one sided) * “May be a violation of law…” * Superseding indictment—make the case more solid‚ have grand jury look at it * State vs. Local * Federal no warrantless arrests * Usually based on information and investigation and supported by an indictment * Investigative Techniques * Interviews (who‚ what‚ when‚ where‚
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Four of the men arrested the night of the burglary plead guilty along with Howard Hunt. James McCord and Gordon Liddy were convicted of conspiracy‚ burglary‚ and illegal wiretapping. Political espionage was next on the list of thing the Senate was going to investigate. The involvement the White House had in the Watergate Scandal did not become evident until James McCord wrote a letter to Judge Sirica. His letter to the Judge
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United States‚ gives the president authority and powers that are not limited to the pursuit of terrorists. McManus warns that the act licenses snooping on U.S. citizens‚ including the seizure of business records‚ the collecting of e-mails‚ and the wiretapping of phone calls. He sees these executive powers as evidence of "empire building‚" not respect for the Constitution and the constraints of the presidential office. McManus suggests that Congress limit these powers as the Patriot Act comes up for renewal
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