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Compare And Contrast Paper

2181 words - 9 pages

Compare and Contrast
Karen Hovenga
CJA/464
August 12, 2013
Ruth Ebner

The Due Process and Crime Control Model are an account of two structures absolutely different from one another and are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime is the key value” (Neubauer, 2001, 12). When comparing the two control models their opinions differ completely in reference to the causes of crime. Additionally when comparing crime control and ...view middle of the document...

 
Many issues of the three strikes law have been unintended and caused very big impacts. In summary because of the broad conditions of California’s three-strikes law the result is extensive prison terms for fewer severe crimes (Brown, 2005). Between the 36,000 second-strikers, less than a fourth were sent to prison for a vicious offense (Brown, 2005). Second, prosecuting judgment over charging and plea bargaining has effected in unusual purpose of the law among different jurisdictions within the state (Legislative Analyst Office, 1995).
Comparing Plea Bargaining and Three Strikes Law Even though each jurisdiction plea bargaining process varies and from a court where only charges may be bargained because of set and mandatory sentencing policies to one that focuses on sentences because he or she are authorized to be indeterminate for most and almost all offenses (Hall, 2005).  
Even though the Due Process model is supposed to look like a difficulty path the values are based upon reducing crime and not always assuming law enforcement’s fact-finding is correct, which is realistic because the model leaves much room for error (Gioson, 2005). Due process is said to assume automatically that the individual is guilty of the alleged charge before his or her case is even proven therefore within this model finality is very low and leaves room for appeal (Gioson, 2005). The due process model tries not to prosecute innocent people so the model “insists the avoidance and removal of errors to any degree feasible and is suspicious of those in the legal profession who are always trying to convict (Neubauer, 2001, p. 14).
"The repression of the criminal conduct is by far the most important function to be performed by the criminal process, which back to protecting privacy while maintaining public safety" (Neubauer, 2001, p. 13). As well often the crime control model is perceived as negative because the model assumes the person charged of the alleged crime is guilty before entering the courtroom and supports law enforcement and prosecutors extensively (Neubauer, 2001, p. 13).
Differences between the models include the fact the Crime Control Model based on "factual guilt" and the Due Process Model is founded on "legal guilt" (Gioson, 2005). Also due process is founded on “equal treatment” because the model has errors, which cause for an invalid conviction (Neubauer, 2001, p 14). Also the Crime Control Model challenges the view, which hinders a person’s rights within the system (Neubauer, 2001). An analogy often applied to explain the Crime Control Model is the “conveyer belt” because the model "alleged Criminal" during the system with the consideration that everyone is guilty pending otherwise (Gioson, 2005).
In position to plea- bargaining the distribution of proof within prosecutors, defense lawyers, and police known as the discovery process, which is essential to cases. The right of criminals charged of crimes to know all the facts against...

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