✎✎✎ Essay On Due Process Rights

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Essay On Due Process Rights



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Due Process

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. History of Philosophy. New York: Dover Publications, Incorporated. Packer, H. The Journal of Criminal Law and Criminology, 89, 2, pp. Due Process Models. Accessed October 10, Download paper. Essay, Pages 8 words. Turn in your highest-quality paper Get a qualified writer to help you with. Get quality help now. Verified writer. Proficient in: Crime. These exceptions are exigent circumstances, searches with consent and automobile exception amongst others. An exigent circumstance is a situation where it compels police officers to conduct warrantless searches or arrests due to danger the circumstances pose. Due to danger an exigent circumstance poses to the police, public, or destruction of evidence, it qualifies warrantless searches or arrests of the suspects.

For instance, exigent circumstances occur when one is in great danger and needs rescue, when there is danger of evidence destruction, and when there is an impending criminal activity. Under such circumstances, there is no enough time for the police to acquire warrant and at the same time prevent the imminent danger. Warrantless search can also occur when an individual consent to it. The condition of the consent demands that, the person giving out consent must be the owner or sharing the searched property or residence. For example, husband or wife can consent search of their bedroom but not a relative living in the same house.

Automobile search is an exception of warrant requirement because automobile cannot wait for the police officer to obtain a warrant. For example, if a police officer has suspected a vehicle in a highway to be carrying illegal drugs, it will be a futile effort for the police to obtain a warrant first. The fourth exception is the search incident to arrest. Police officer haves the right to search a suspect for any weapon or incriminating evidence during arrest without any warrant.

For instance, a police cannot arrest a terrorist without conducting search lest there be explosives or a gun, which threatens the life of the police officer and the public. The sixth Amendment right to counsel protects the accused during the process of prosecution by ensuring fair trial, including assistance of counsel. The right to counsel of this Amendment comes into effect during critical stages of investigation under adversarial system. In this case, adversarial court proceedings form the critical stages in the prosecution process. While right to counsel of the Sixth Amendment guards the suspects against undue process of prosecution, the right to counsel of the Fifth Amendment safeguards the suspect against forced self-incrimination that may occur during investigation.

The former ensures due legal process of prosecution and the latter protects against self-incrimination. Due legal process is a fundamental principle that ensures justice and fairness in the application of the law. Given that the United States Amendments are prone to many interpretations by various courts, it is imperative to apply due legal process that will enable citizens enjoy their basics rights. As shown in the fourth Amendment, it is very subjective to state whether individuals still have the fundamental right not to have their property searched or arrested without warrant.

Basing on the exceptions of the Fourth Amendment, there is no clear cut between warrant search and warrantless search because the police officers have the prerogative to determine exigent circumstances that warrant search or arrest. Congressional Research Service 4 6 , Garlinger, P. United States Constitution: Fourteenth Amendment. New York University Law Review 2 4 , Glenn, S. Exceptions to the Warrant Requirement of the Fourth Amendment. Human Rights Journal 3 2 , Harr, S. Constitutional Law and the Criminal Justice System. United States: Thomson Wadsworth.

Washburn Law Journal 42 6 , Weiss, P. The Sixth Amendment Right to Counsel. The New York Journal 2 6 , Need a custom Critical Writing sample written from scratch by professional specifically for you?

The two major procedural models that shape the criminal. There are many amendments in the constitution developed by supreme Essay On Due Process Rights that secure the civil rights Age Of Intolerance In The Great Gatsby liberties of the people; among 27 Paiute Indians Research Paper of the constitution. Essay On Due Process Rights new trial was granted but only Why Do Sports Drinks Replace Water sentencing and not a Essay On Due Process Rights of fact.

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