Compare and Contrast Dual Policy Analysis This comprehensive analysis compares and contrasts two crime models that determine arrest to sentencing procedure using the policies within the Constitution. These policies the Fifth and Six Amendments defend the ever-changing and flexible structure working within the criminal justice system. These criminal models represent the capabilities of rudimental relationships to develop and modify the policies. Each crime model needs the balance of the other to complete the observable tension of daily workings from police officers making arrest to judicial sentencing.
Conflict and Crime Control Model The conflict and crime control model references on a more competitive justice system. This competitiveness of the conflict and crime control model shows comparison with assembly-line justice and rushing judgment of the suspect. This model believes police officers should have the authority to distribute justice at the time of the arrest instead using the individual’s rights of due process. The most important aspects of conflict and crime control model shows in the criminal process pertaining to the repressions of individual rights.
The repressions of individual rights shows as the criminals arrested, detained, or pushed through the criminal court system. Conflict and crime control model believes the breakdown in criminal conduct undermines the freedom of society. This concept of the conflict and crime control model speeds more cases through the criminal justice processes without judicial interference (Steinberg, 2011). Comparison Opinion Conflict crime control model continues to balance the clearance rates with case attrition research.
The attrition measure continues as a study of the revolving door arrests. This concept undermines public confidence in the law enforcement. The criminals gain confidence by committing a crime, and obtaining a lower sentence, thus undermining the thought of quick and swift justice for anyone committing a crime. Conflict crime control model study defined the predictability of an average police department. This comparison opinion leads to incorrect assumptions of the officers, detectives, and prosecutors not completing their jobs. Cutting corners, not following rules, nd regulations for clearing cases. These actions show the statistics of attrition measured incorrectly (Petersilia, Abrahamse, & Wilson 1978). Consensus and Due Process Model The corner stone or foundation of the Constitution founded upon the concept no person accepts punishment without the benefit of due process. The consensus and due process model defines this concept as giving notice to individual values. The concept created to protect the rights of the citizens from the coercive power of the government, and law enforcement.
This protection includes strict regulations of police enforcement, collection of evidence, independent, impartial judicial process, and proportional justifiable punishment. The complete understanding of due process begins with understanding the words and actions for the Fifth and Six Amendments. This understanding continues with the right to fair and impartial treatment before, during, and after the arrest procedures throughout the stages of a criminal court (Parker, 1968). The Fifth Amendment An important aspect of the Fifth Amendment defined the right of self-incrimination as preventing the defendant from testifying against him or herself.
Another right within the protection of the Fifth Amendment shows as the ability to remain silent. The ability remains silent, and requests a lawyer as part of the Miranda Warning, and read by every police officer arresting a suspect. The Supreme Court defined involuntary confessions or censored confessions invalid in a court trial (Steinberg, 2011). The Sixth Amendment The Sixth Amendment determines different rights pertaining to the process of the court trial. The next three rights consist of a public trial, an impartial jury, and the assistance of counsel for the court session.
A public trial helps to prevent corruption of an impartial jury of the defendant peers to determine the evidence fits the crime. The assistance of counsel determined if the defendant unable to afford a defense. This amendment gives the right to confront the witnesses to the crime for the defense of the defendant. Several rulings amended the statements given from the witnesses as from the first person, and the admission of hearsay as invalid in the court session. The accuracy of the witness statements examined, and countered by the public defender.
The exception to the judge appointing an attorney defined as the right to self-representation. The defendant may represent him or herself unless not fully competent to address the court with the intelligent deemed of a defense attorney (Schmalleger, Hall, & Dolatowski, 2010). Fifth, and Six Amendments Explained Every person background defined as uniquely different, along with the individual facts, and circumstances of a particular case and arrest. The legal definition of crime shows as an offense against persons, and punishable by policies and amendments of the United States Constitution.
The purpose of law is punishing the offender according to the laws of each state using the policies establish by the lawmakers. The positive point defends due process for protecting the rights for the United States citizens. The lawmakers ensure the procedures of each state safeguarding the individual rights within the Fifth, and Sixth Amendments. The Fifth Amendment ensures the reasoning of the self-incrimination and the Miranda Warnings. The positive side of the Sixth amendment ensures the protection of the law for everyone arrested, as each person innocent until proven guilty.
The working combination of the conflict crime control, and consensus due process models along with the Fifth, and Six Amendment become a powerful compact against abuses of these policies (Frase, & Weidner, 2011). Consensus and Due Process Model Consensus and Due Process model defines a concept of giving notice to the values, and protecting the rights of the citizens from the coercive power of the government, and law enforcement. This protection includes strict regulations of police enforcement, collection of evidence, independent, impartial judicial process, and proportional justifiable punishment.
The complete understanding of due process begins with everyone having the right to fair and impartial treatment before, during, and after the post-arrest procedures throughout the stages of a criminal court process (Parker, 1968). Roles of Police The steps are different for every criminal case; regardless of the guilt, or innocent of the accused. Due process is a concept of understanding that everyone has the right to fair and impartial treatment before, during, and after the post-arrest procedures.
The Bill of Rights policies provide by both state and federal statutes guarantees the right to due process. The first stage is placing a suspect under arrest; the police give the Miranda warning ensuring the suspect understands the perimeters of the warning. At the police station, the law permits processing the suspect through a routine booking procedure to establish the suspect’s identification, address, along with fingerprinting, and his or her picture. After booking process completed, before the detectives asks questions, a detailed Miranda Warning document is read to the suspect.
Unless the suspect does not understand the wording of this document because of a disability, or language, or hearing, the detective must find a translator or a hearing and deaf machine for translation permitting the suspect to sign the document understanding his or her rights. Police departments designed the document for covering every contingency, during the time suspect is in police custody. Suspects are asked to sign this document acknowledging, and understanding the Miranda warnings (Steinberg, 2011). Prosecutor’s Role
Aside from the judge, the prosecutor defined as powerful and important decision-maker in the criminal judicial system. Prosecutors have the trained ability to show no discrimination for ethical origin, sex, age, religion, victim, witness, or political views influencing the prosecutorial decision. The prosecutor discretion defined as the flexibility of which case will work toward various courses of action. The prosecutor has to ensure that the criminal procedure codes applied, and any evidence is in court before the trial.
Before a prosecutor can charge a suspect, evidence must indicate probable cause to believe a crime has occurred, and the perpetrator as the defendant. The prosecutor makes a decision based on his or her evidence along with a degree of confidence, and willingness to take a risk on the particular case (Schmalleger, Hall, & Dolatowski, 2010). Judge’s Roles At the bail hearing the judge takes recommendations from the prosecutor and appoints an attorney if the defendant cannot afford one. The defendant of violent crime retained in jail until the preliminary hearing. In the trial f the adult criminal case, multiple stages include jury selection, opening statements by both attorneys, and testimony by witnesses, cross-examination, closing arguments by attorneys, jury debate, and answer. Sentencing trial as the next step for the offender and the victim reads an impact statement. The judge using the evidence of the case and decision of the jury will sentence the offender with time proportional to the crime done. The offender returns to jail waiting for transport to prison to start serving his or her time (Parker, 1968). Personal Opinion of Policies
Day-to-day operations involve a constant series of adjustments to maintain the complexity of two important value model systems, conflict, and crime control along with the consensus, and due process models. The conflict and crime control model emphasizes increased police authority along with exceptional prosecutorial skills working to decrease criminal activities. The conflict and crime control model shows to achieving the highest potential of efficiency in the criminal court processes requires attention paid to accelerating arrests, courts, and the sentencing phase of the criminal justice system.
The consensus and due process model shows achieving the highest potential of effectiveness begins with the Fifth and Six Amendments protections of the suspect, police officers, and courtroom personnel (Schmalleger, Hall, & Dolatowski, 2010). Conclusion The conflict and crime control model uses policing authority as judge and jury to the suspect at the time of arrest. This concept model works in conflict with the policies, laws, and regulations of each state. Due process emphasizes individual’s protection using the fifth and six amendments. The concepts of conflict and crime control along with consensus and due process models produce the balance of important policies concepts from the United States Constitution.
References
Frase, R & Weidner, R (2011) Structural and Theoretical of the Criminal Justice System New York: Net Industrials www. jrank. org/pages/858/Criminal-Justice-System. html Packer, H (1968) the Limits of the Criminal Sanction: Two Models of the Criminal Process Pennsylvania: Stanford University Press http://karws. gso. uri. edu/jfk/history/wc_period/reactions_to_warren_report/suppfrom_center/packer/About_Packer. tml Petersilia, J, Abrahamse, A, & Wilson (1978) Police performance, and case attrition New York: Rand Corporation Reports Division www. rand. org/pubs/reports/R3515. html Schmalleger, F, Hall, D, & Dolatowski, J (2010) Criminal Law Today: An Introduction with Capstone Cases New Jersey: Prentice Hall https://portal. phoenix. edu/classroom/coursematerials/cja_354/20120306/ Steinberg, H (2011) Our Right to Remain Silent: The Miranda Rule Explained Colorado: Law Offices of H. Michael Steinberg www. hmichaelsteinberg. com/yourmirandarights. htm
