In a perfect world every person’s rights would never be compromised, within a society that is free of crime. Everyone would be equal and treated fairly. Unfortunately this is not the case, our system was created to serve and to protect the lives and rights of every American. Although, the scary reality is that not everyone’s rights are always protected and some are even wrongfully convicted of crimes he or she is innocent of. This is an unnerving concept that seems like a plot to a popular crime fighting show. Sadly, this possibility was a reality for a man named Ryan Ferguson. Three key factors of the Ryan Ferguson case are: the Crime Control Model, the role of evidence, and the role of Appellate courts.
The Crime Control Model demonstrates a specific viewpoint of prevention and deterrence of crime which means, “ the most important function of the criminal justice process to punish and repress criminal conduct,” (Gaines, Kaune, and LeRoy,17). This means that a person who aliens with this model, will ensure someone gets charged for the crime committed. If more and more criminals are taken off of the streets, the justice system ultimately is successful in protecting it’s society members. A known criminal could be convicted of a crime that he or she did not commit, but according to this model, as long as criminals are getting punished and removed the system is doing its job. In the Ryan Ferguson case, it is clear that Prosecutor Crain aligned with the Crime Control model.
The value basis that underpins the crime control model is founded on the suggestion that the despotism of criminal behavior is by a great extent the most essential function to be undertaken by the criminal process. The absolute let down by the law enforcement to curb and control criminal behavior is perceived as the principal raison d'être leading to a crash of public order and a broad ignorance of the legal control measures are likely to grow. Accordingly, the crime control model takes cognizance of the maximization of the number of wrong doers caught, stopped and dealt with by justice.
The “get tough approach” to crime control has been prevalent since the 1960s. This approach takes the stance to a more firm and no tolerance policy against crime, hence the term “tough” in the actual title. “"Tough" crime control normally denotes more emphasis on police resources, faster apprehension of criminals, quick trials, and more severe sentences for guilty offenders” (Skoler 1971:29). The “get tough approach” emphasizes the need to arrest and punish criminals over rehabilitation and addressing the social factors that underlie criminal behavior (Barkan and Bryjak 2011). Deterrence of other criminals through severe punishments is the primary focus. The “get tough approach” of criminal justice institutions has been under scrutiny due to the outcomes that we will discuss further on. The purpose of this paper is to simply present the pros and cons that have resulted from the “get tough approach” on crime. The paper will try and remain completely unbiased to the “get tough approach” and solely focus on results that have come from said approach. We will begin by discussing the background and history of the “get tough approach” and what led to its development. We will then discuss things such as incarceration rates (US Department of Justice), crime rates (Dilulio 1995) juveniles in prison (Hinton 2015), policies that have been implemented (Shephard 2002), correctional costs, and destabilized urban neighborhoods (Barkan & Bryjak 2011; Black 2007; Mauer 2006) that result
In the case of Fare v. Michael C., the police arrested the sixteen-year-old Michael C. under the suspicion of murder, and he was transported to the police station for a custodial interrogation (Elrod & Ryder, 2014). Furthermore, before the interrogation began Michael C. was advised of his Miranda Rights, and Michael C. specifically asked to consult his probation officer, and not a lawyer (Elrod & Ryder, 2014). Consequently, the police refused to allow Michael C. to speak with his state probation officer, and they continued to question him about the murder (Henry-Mays, 2007). Michael C. continued to answer the investigator’s questions and he drew sketches, which ultimately implicated him in the murder (Henry-Mays, 2007). Now that we understand the general facts of the case, let us examine the key facts and issues, which lead to the Supreme Court’s decision.
Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.
The criminal justice field faces the challenges of getting criminals off the streets, and prosecuting them, while using limited funds and manpower. Citizens expect results, and want to feel safe when they are in their own neighborhood. On the other hand, citizens in our democratic country expect people to be treated fairly, and feel the need to make sure that no innocent people are wrongly sent to jail. It is a balancing act of keeping the community safe on one hand, and on the other, making sure that no one’s rights are violated. It is like being told to do a job, but then having all these rules and obstacles you have to navigate around in order to do your job. The following paper is a study of the differences between due
There has long been a debate over which, if any, are the most effective methods of crime control. Governments from bottom to top in our nation have poured over the issue with mixed results for as long as there has been a nation. Until very recently deterrence was completely based on fear of punishment. However, recent years have provided us with a more complete understanding of crime and its roots among the more desirable parts of our society, specifically the mind of a criminal. Through the study of psychology, specifically free will, determinism and social identity, we may find that situational crime prevention is a better means to deter crime in our nation.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
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)
For the past 50 years, America’s criminal justice system has encountered several significant changes dealing with courts and policing. According to Marion and Oliver (2006), the historical Supreme Court rulings like Mapp v. Ohio and Miranda v. Arizona mold the way courts and law enforcement handle individuals charged with committing crimes. This paper will discuss the evolution of courts and law enforcement reflects the diverse and changing need for today’s population which is first importance, the urgency for cooperation and communication among criminal justice agencies and law enforcement within the country. Individuals must
Every crime has a correlation with a theory in criminology. These theories explain why crime happens and some even go to the extent to come up with a solution to prevent or stop crime. This paper will explore how certain theories of criminology connect with the riots that happened in Ferguson, Missouri. Facts from different articles will be used to back up the theory. The theories will explain why rioters committed the crimes did. The paper will take the actions of the protestors and explain why they did what they did.
Many Americans support the Crime Control Model, a theory of criminal justice which places emphasis on reducing the crime in society through increased police and prosecutorial powers. While others side with the Due Process Model, which focuses on individual liberties and rights and is concerned with limiting the powers of the government. Though both serve many benefits to the United States justice system, I believe that the Crime Control Model would better serve the U.S. in the short run. This is because our prisons are already overcrowded and using the mandatory and harsh sentencing encouraged in this model would only make things worse.
The long term advantages of the the crime control model would be apprehending the guilty and giving out mandatory sentencing. The crime control model also supports the death penalty that would also fall under a long term advantage. In our justice system most criminals are not given a sentence, so in the town of Bedlam there would need to be more availability in jails or prisons, which would be an example of a long term disadvantage. Though there are short term disadvantages, such as the authority of police that are hired. The law enforcement would not have to be permanent and they can also train them to handle all situations in the same manner. While the short term disadvantage for the due process model would be the violation that occurs during the process of being pulled over or strip searched. The long term disadvantage would be the
The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the
I think that the crime control model is more important for society. The crime control model will do more good by catching criminals, punishing them, and preventing crime from happening by these punishments. The due process model can prevent innocent people from being tried however I just don't believe that that's as important as stopping
Is the criminal justice system more effective as a method of bringing the guilty to justice or as a deterrent or a method of social control? It is unanimously agreed that the aim of the criminal justice system is to provide equal justice for all according to the law, by processing of cases impartially, fairly and efficiently with the minimum but necessary use of public resources. It is a complex process through which the state decides which particular forms of behaviour are to be considered unacceptable and then proceeds through a series of stages - arrest, charge, prosecute, trial sentence, appeal punishment -' in order to bring the guilty to justice' (Munice & Wilson, 2006 pIX) and is designed for a coherent administration