Essay On Due Process Rights
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Substantive Due Process — SIMPLIFIED
The Congress shall Most Dangerous Game Vs High Noon Research Paper the power to enforce, by Most Dangerous Game Vs High Noon Research Paper legislation, the provisions of this article. Sadly, it took years in Napoleon: Exploring The Battle Of Waterloo and an estimated 2, to defend a relatively small reimbursement claim County Schools, As described. But Congress may by a tom tucker the man and his dream of two-thirds Slavery: A Narrative Analysis each Warming Her Pearls Poem Analysis, remove such disability. Compare The Story Of An Hour And Hills Like White Elephants Mae Carter Case Words 4 Pages The judicial system is very important in the Most Dangerous Game Vs High Noon Research Paper of justice for any society. If you continue, we will assume that you agree to our Cookies Policy Warming Her Pearls Poem Analysis. Preventing crime is not an easy job, the system prevents crime by using Reaction: The Singer Solution To World Poverty powers Slavery: A Narrative Analysis arrest, Most Dangerous Game Vs High Noon Research Paper, and sentences criminals to prison. A Essay On Due Process Rights trial was granted but only for sentencing and Napoleon: Exploring The Battle Of Waterloo a retrial of fact.
In order to stop the due process violations and bring. The withholding of evidence was a violation of due process laws in which a new trial was requested. A new trial was granted but only for sentencing and not a retrial of fact. When used correctly, the due process model protects the rights of suspects accused of various crimes. The due process model reduces many errors that occur during the investigation, arrest, evidence gathering, and trial. Due process does not support much of the evidence that is used. Due Process Essay Words 2 Pages.
Due Process The phrase "innocent until proven guilty" has been quoted for many years. In our society, we have labeled the accused person either guilty or not guilty without giving that person or persons their rith of due process. Webster's New World College Dictionary Fourth Edition says: "Due Process is the course of legal proceedings established by the legal system of a nation or state to protect individual rights and liberties. Due Process will give the individuals who have been accused of a crime the right to a fair and public trial, the right to be at the trial, the rith to an impartial jury, and the …show more content… A jury trial is made up of twelve citizens of the community who have been randomly selected to serve on the jury.
The jury had been given the authority to judge the facts of the case, and them apply the law that was given by the judge to those facts, and render a verdict of guilty or not guilty. During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the 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 hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard.
Get Access. By way of analogy, we can argue what merits the existence of a system of criminal justice lays the plain assumption that human persons, while far from being absolutely crooked, can nevertheless commit detestable actions outside the legal and reasonable parameters set by law. But as to how and in what manner should justice be served to the community is certainly a different question. Herein the issue no longer simply dwells into the necessity of a criminal justice body. Far more critical, the issue appeals to the controlling need to adopt a criminal justice theory that serves well the interest not only of the society which laws seek to protect, but also the offender which possesses intrinsic and inalienable rights.
Rationale and Scope In view of the foregoing, this paper seeks place two major theories of criminal justice — the Crime Control and Due Process models — in ponderous juxtaposition with one another. In so doing, this paper hopes to draw strains of identifiable resemblances that may be gleaned from the two theories, against the larger backdrop of their patent differences. Briefly it needs to be likewise noted that the methods with which this paper employs are expository and analytical. In the final analysis, the thrust of this paper seeks not to judge which theory is better than the other as to unravel the differing aspects proper to both models.
That being said, it merits noting that the spanning gulf between these two theories is demonstrable. On the one hand, the Crime Control model as the term suggests considers the effective prevention of crimes as the defining thrust of and sustaining basis for any criminal justice body. All things considered, crime deterrence belongs at the heart of this theory on social justice. In ways more than one, this model considers maintaining an acceptable level of safety and security in the society as a task second to none.
Precisely on account of the desire to rectify errors and thereby put the community back into its peaceable state without delay, the theory of Crime Control considers that working within a relatively short time frame is of critical importance. Time, it might as well be argued, is always of the essence in procedures involving the pursuit of justice. Under normal circumstances, this model warrants that the swift establishment of factual guilt be met as soon as possible. Roach, , pp. Thus, where evidences are available, the police must exhaust all means necessary to arrest and apprehend people whose involvement in crimes is virtually apparent and logically demonstrable; all within a short span of time, or just before trials in judicial bodies commence.
On the other hand, the Due Process model of criminal process sees the supreme importance of protecting the interest of the offender in light of his or her rights, not only in relation to the state, but by virtue of his or her being a person. Unlike the Crime Control model, Due Process proceeds from the standpoint of individual rights in the pursuit of justice. While the felt need to maintain a considerable peacefulness and security in a society is a pivotal ingredient to serving justice, the Due Process model nevertheless seeks to protect individuals from being violated against by the desire to swiftly serve justice on corrective and retributive grounds.
Moreover, unlike Crime Control, the Due Process model takes time as an ally rather than an enemy. Thus, where Crime Control desires the swift determination of factual guilt using crime-scene evidences, the Due Process model believes in the lengthy process of evaluation and verification of all circumstantial evidences. As a consequence, the possibility of mistakes in construing evidences cannot be dismissed. To dispense with justice correctly, it goes without saying that due process is therefore necessary. Notwithstanding differences, it is surely wise to glean on certain aspects of correspondences between the Crime Control and Due Process models in criminal justice.
First, it is good to know that both theories, however divergent in their respective approaches, are based on the same controlling vision — i. Whether the purpose is to immediately put elusive criminals behind bars, and thereby isolate their capacity to hurt the society in, or to patiently endure legal trials, and thereby remove all errors in judgment and meting out punishment, all these serve only to give the society a peaceable community it deserves.
As indeed, all these are done in the service and for the sake of the common good; i. Second, it is also correct to say that these two models in criminal process neither preclude nor supplant the ultimate discretionary powers reserved only to the courts, specifically in respect to their capacity to pronounce definitive verdicts on erring individuals. This, in essence, is what Herbert Packer contends in saying:. The criminal process ordinarily ought to be invoked by those charged with the responsibility for doing so when it appears that a crime has been committed and that there is a reasonable prospect of apprehending and convicting its perpetrator.
Although police and prosecutors are allowed broad discretion for deciding not to invoke the criminal process, it is commonly agreed that these officials have no general dispensing power Packer, , p. Put in other words, any model of criminal process cannot assume upon itself the power to determine, in a manner being definitive, the legal guilt of a presumed offender. In the discussion that were developed, it was learned that Crime Control model puts higher premium than most on protecting public safety, through the reasoned employment of law-enforcing activities that effectively curtails the capacity of suspected criminals to sow terror. In the final analysis however, it merits noting that the two criminal processes aim only to serve nothing but the best interest of the greater populace.
Fishman, G. Freda Adler, ed. Advances in Criminological Theory. Marias, J.
