Case Analysis in Light of the Criminal Justice Models †Free Samples

Question: Discuss about the Case Analysis in Light of the Criminal Justice Models. Answer: The Crime Control Model According to this model, a lot of emphasis is made on the legislature and not the courts because it validates authority. In this case, the model accepts the reliance put on the criminal sanctions by the legislatures. In such an instance, we assume that the presented criminal sanction is an absolute guarantor of social freedom as well as being necessary for the maintenance of public order. The assumption leading to the outlined conclusion is that police investigations or prosecutions could possibly control crimes. However, the reality in place is that with the availablelaw enforcement resources are taken to proceed with speed and finality. Fact finding processes are done by the police in the station-houses and streets and not by judges or lawyers in the courts. However, the police happen not to be with "legal guilt" through evidence that is admissible as required. The police is given investigative powers and could have used the same to establish whether the suspect is factually guilty or not. It is factual enough to ask whether the confession of the accused is unreliable (Joab). We are not so much interested in the trial when it comes to this model since the main concern is in the administrative stages of fact finding. The prosecutor is however considered to be in the best position in evaluating the amassed evidence and give an appropriate decision. Police and prospectors alike are required not to waste their time that is limited on those considered to be innocent. Therefore, the trial judge is required to accept guilty pleas instead of inquiring into the pleas factual accuracy or if the accused did have defense. Due Process Model In this case, we begin with skepticism concerning the utility and morality of the sanction. Such skepticism will be based on values that are liberal with regards to the primacy of the accused as well as the complementary concept regarding official power limitation. It should also be noted that less emphasis is put on guilty pleas as well as the efficiency of the process. Equality is also paramount in the sense that the accused need to receive equal treatment with regards to the justifications. The rights of the accused should then be protected since in that way, the assumption made is that the due process rights are as well protected. The criminal cases should, therefore, not be seen as a bipolar matter between the accused and the state. This process imposes several restraints on the police so that the suspects rights are protected. The informal fact-finding processes are also limited in this case. It is illegal for the police to arrest an individual as a way of developing their case . Instance where there is communication between the accused and the police, the individual who is accused need to be informed on his right to receive and contact counsel as well as be silent. The criminal process should not, in any instance, have whatever disparity in its resources between the accused and the state during the time of the arrest. Statements that are taken without a clear voluntary waiver of the accuseds rights need not to be excluded from any subsequent criminal trial. In this way, the accused is protected from self-incrimination that is unfair. A Roller Coaster Model In this case we respond to the existing inadequacies of the states ability to control crimes in a way that protects as well as serve the victims. There is a crisis, in our case because there is a need that is perceived with regards to the defending of the criminal sanction from challenges of due processes. In a normal way, we have to perceive the potential victims as being worthy of some respect. The criminal sanctions defense replicates the assumption of crime control. Such is that the criminallaw has the possibility of controlling crime. The demand posed by victims for criminal sanction should be focusing on their equal protection by the law. Several studies on victimization show, just how much the existing systems have failed. Victims are highlighted to be ill-treated within such systems. If, under any means, a crime takes place, this model will have to ensure that healing and justice are upheld. A Circle Model This is yet another direction towards ensuring that victims are rightfully treated. This circle model is quite different from the roller coaster model. While the Roller Coaster model has its reliance on inadequate criminal sanction and also countering claims of due process, the Circle Model ensures that restorative justice is obtained in situations where crimes occur. The model represents the restoration and prevention processes. In this case, the model manifests through a gated community as well as private police forces. Another way is via neighborhood watch which has to be successful. In a case whereby a crime occurs, we intend to bring about healing, restorative justice and compensation. In this case, stress is made on victims needs rather than their rights. What the model seeks is to minimize the pain of punishment and victimization. According to research activities on victimization, high levels of injustice and unreported criminal activities are due to social policy failures. Un like other models that go for the punitive version of the rights of victims, unreported crime does not get automatically viewed with any sort of alarm (Roach). Victims, according to this model, are non-punitive when it comes to the decisions they make associated with not reporting crimes to the police. There is, however, some bit of non-reporting that is related to the inhospitality and inadequacy of systems of criminal justice as well as fears of retaliation from the offenders. Also, as in the model of crime control, the police are not as concerned with "legal guilt" through admissible evidence as would be expected. Police also have the investigative powers here and could, therefore, use the same to establish whether the suspect is factually guilty or not. The trial is a bit important when it comes to this model. References Joab. "Criminal Law and Process ." Criminology (2006): 4-13. Roach, Kent. "Four Models of the Criminal Process ." Criminal Law and Criminology (1999): 2-47.