Analyse the adequacy(sufficient to satisfied or meet a need) and relevance(relation of something) of the crime control and due process models for understanding criminal justice, with reference to the jurisdiction you are in and/or England and Wales. For discussing this question we should first tell what criminal justice system is and how it does works. A Criminal Justice system is a set of legal and social institutions to ensure the implementation of criminal law with a set course of rules and regulations . The system of criminal justice is directed at controlling and mitigating crimes, punishing the offender and providing safety to the society by the help of the government. Today its one of the major concerns of the general public.
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Fruitfully criminal justice is a behavior that changes with the change in different aspects of the society and varies with space and time(Black, 1976). A lot of agencies namely the Police, the Crown Prosecution service,judges,juries,lawyers. courts etc. are working together to reform and improve the Criminal Justice System (CJS). The main challenge was that of making the prisons system and the processes of dealing with prisoners more better and efficient .Only to criminal justice process a number of government department’s agencies and other departments make contributions which sometimes can be conflicting. Maintaining a level of deterrence in the society that can stop the violation of law by punishing and convicting those who are guilty and deliver justice to the society is the sole purpose of Criminal Justice System. One of the reasons which has made this system more prone to criticism is due to the recent modifications made to it with the amendments made to the areas that are more concerned with the proceedings of these crimes.Every citizen has the right to be safe and is always eager to know that whether the criminal will be brought to justice or not.punishing the offender can increase public faith.CJS also aims at practicing fairness in the system fair treatment to everyone. A few societies have been able to setup criminal justice institutions that practice equality,fairness and openness (Prillaman 2000; Solomon and Foglesong 2000; Ungar 2002).
The local criminal justice board led on reducing crime and administering justice on local basis. The crime levels have been increasing, which leaves the subject even more criticized however there exists a mistrust of justice for those who believe that the innocent people are being punished and the guilty people escape. Mostly justice systems that practice secrarcy, brutality and arbitrariness are in a society that is under authoritarian regime (Smykla 1989; McElligott 1994; Shelley 1994; Trevaskes 2004). We will examine how the CJS works and focus on the crime control model and due process model. Its theories and models are are identified following.
Due process model: it can be said that the current system in UK is a element of the Due Process Model. The Model looks very much like an obstruction route. Each of its succeeding stages is planned to present frightening impediments to carrying the accused any further along in the course. this was created by the American Commentator
Herbert Packer in 1968.the primary social goal of the model is ‘Justice’ and there is an emphasis on fairness and procedural due
Process. Basically the model insists on the avoidance and removal of mistakes to the level possible, a process of evidence gathering and dealing with suspects that are needed to protect the accused.
The crime control model’s primary goal is to control crime and punishment of offenders, focuses on ensuring that the police get the convictions in courts. It emphesises on the responsibility of an individual to protect the citizens of the society that abide by the law by apprehending and punishing the criminals (Pecker,1968), David Bunkett was responding to a journalists question concerning the Prime Minister’s speech regarding a move towards “Crime Control Centered Criminal Justice System”, on BBC News. One of the major and most disturbing problems of the Crime Control Model is the miscarriages of justice
The rest of models like the The restorative justice mode, bureaucratic model ,A medical model, social integration and exclusion model and status passage model requires no discussion yet.
Here the main models of crime control and due process will be discussed that are considered as two different ideal types of criminal justice.Protection of the innocence and elimination of crimes from the street is the main role of crime control.While comparing both models it should be borne in mind that “proponents of both models embrace constitutional values”. According to the crime control model “repression of criminal conduct” should be the vital purpose of the criminal process and that justice should focus on upholding the rights of victims rather than those of the accused. Based on the concept of police fact-finding it treats the ‘alleged criminal’ as guilty. This therefore, shows a negative mannerism of the crime control model.
Now coming towards the latter goal, in the due process model the focal point is the assumption that a person cannot be deprived of his liberty or rights unless the relevant legal procedures and safeguards are adhered to. Those who believe in harsh approaches towards criminal activity may be classed in favor of crime control whereas those against the notion of state intrusions and harassment of the accused tend to value the due process model. There seems erratic swings in crime control in some societies (Rose,2000).
On the other hand, the due process model rests upon the principle of legal guilt and the presumption of innocence. After scrutinizing both the models it appears that much depends on the political climate of a country on what model to adopt. It follows that the crime control model mirrors the conservative ideals while the due process thereby reflecting liberal views. During the 1960’s the system was manipulated by the policies of the due process. However, when conservatism dominated from the mid 1970’s to the early twenty-first century the criminal justice system took the shape of the crime control model.The most important breakdown that is also considered as the failure of law enforcement is bringing criminal conduct under strict control that vanishes an important condition of human freedom. Successful operation of this model must result into a strong rate of apprehension and conviction. Secondly it has to be done in a manner that although the resources are limited still a very large magnitude can be dealt with.According to Paul Roberts by far the most important function that has to be performed by the criminal process is based on the proposal of forcibly subjugating crime conduct which is the basic of crime control model. A properly criminalized conduct is the dependency of this model. ‘Punishing the guilty and freedom of the innocenct’ is the aim of both of these models.
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Here it should also be mentioned as Zander points out that ‘ there are so many important current developments affecting criminal justice that it is difficult to keep abreast of them and even more difficult sometimes to be sure whether they are to be welcomed or deplored’ .A number of miscarriages can be seen in justice that are rapidly increasing. The three great IRA cases are have gathered a lot of interest and highlighted problem of miscarriage of justice. The Guildford four, Derek Bentley, Birmingham six , the Maguire seven, Judith ward and Bridgewater four. In all these cases later Royal commission found them innocent and before that people served long time in prison for wrongly being accused.. The defendants had their convictions quashed by the court of appeal. The structural reforms purposed and accepted by both the May inquiry into the Guildford four and the Runciman commission, which reported in 1993.
In case of Birmingham six, where Defendant was beaten up after arrest and forced to confess. Lord Denning held “that the police were guilty of perjury; that they were guilty of violence and threats; that the confession was involuntary and improperly admitted in evidence; and that the convictions were erroneous” ,Lord Denning held “â€¦that the police were guilty of perjury; that they were guilty of violence and threats; that the confessions were involuntary and improperly admitted in evidence; and that the convictions were erroneousâ€¦”
in the case of Cardiff three, where d was held for murder of a Cardiff prostitute and later the convictions were quashed on the basis of the fact. The Lord Chief justice held that the techniques of interrogation used by the police amounted to an oppression of s.76 of PACE.
Case of M62 bombing, where d was convicted of murder and causing an explosion. She did not appeal. Her convictions were quashed. Her personality disorder which rendered her confession unreliable.
Tottenham three, d was convicted of murder of a police officer. their appeal was unsuccessful. However Home Secretary referred their case back to CA and their convictions were quashed.
And Confait, (which resulted in the royal commission on criminal procedure)the d confessed to a crime that they had actually not committed ,similar problems with confession evidence occurred.
the common element which was found in these cases was ‘confession’ from the suspect and its clearly seen how the police has abuse their powers to arrest the victim bringing them to justice thus taking away the rights of innocent party .one thing we should mention is the Royal commission on criminal justice which was set up by the Home Secretary on the day when Birmingham six was released. It was served by the Lord Runciman and its report was published in 1993.the reason was to examine the reality of the criminal justice system. The report was for securing the convictions of the guilty, which contained disclose of evidence by prosecution and defense and unsupported confession evidence.
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