...Criminal Procedure Policy CJA/364 June 12th, 2011 Page 1 Due Process and Crime Control models reflect different sides of the law, and different sides of beliefs. Due Process is designed more for the defendants to ensure their constitutional rights which are afforded by the Constitution of the United States of America. Crime Control model is more asserted towards the victims of the crimes versus the offender. This model is designed to make sure the offenders are punished, and the victims are afforded vindication. As we travel through this paper it will show the vast differences between the two sides of the justice system. The due process model was incorporated into the U.S. Constitution because the founding fathers did not think a person should be deprived of Life, Liberty, without due process of the law. This has come into the forefront of justice through all avenues such as through police investigations, evidence gathering, and even in the courtrooms across America. People often wonder what due process mean s. According to Duhaime the legal definition of due process is “Fundamental procedural safeguards of which every citizen has an absolute right when a state or court purports to take a decision that would affect any right of that citizen.”(Duhaime, 2009) This process is made up of several rights, but one of the basic ones is the right to be heard, and the right to an impartial judge. The due process model is based...
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...There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several positive traits. Similarities The due process and crime control models include an organized topic of standards key to the constitutional order on how criminal law is applied (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2009, p. 4). The mechanics of the criminal justice system utilizes components from each model that are dependent on one’s own likings in regards to the criminal law procedure (Packer, 1968). Although these two models differ in principle, the commonality between them is the same. For example, both models consider the sanction of criminal behavior and recognizing a criminal are dissimilar procedures, when and if probable cause is found the criminal process may be put into effect and the judiciary system has an restricted authority of inquiry and arrest. They also form the basis for the function of the adversarial system, due process, and the defendant’s right to their day in courts (Zalman, 2009). ...
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...The Constitution is the framework of the American legal system. It was created in 1787 by the Founding Fathers; many of whom were lawyers. The Founding Fathers separated the Government into three branches, divided authority between the states and the federal government and included provisions for individual freedoms. There was also a provision for amendments, the first ten of which is called the Bill of Rights (Hudson, 2010). These amendments guaranteeing and individual’s rights and freedoms and protection from tyranny were vital to the ratification of the Constitution by all the states. Amendment IV The Fourth Amendment provides, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment is designed to protect individuals from unlawful searches from law enforcement and the government without probable cause. This means that law enforcement cannot used evidence against an individual that was unconstitutionally obtained. While there are exceptions to this rule; it still does give law enforcement a free pass to perform searches and seizures they know are unconstitutional because every individual has the right to a reasonable expectation of privacy (Four Models of Fourth Amendment Protection...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...MAGISTRATE'S APPEAL NO 124 OF 1992 1 April 1993 Criminal Procedure -- Discharge not amounting to acquittal -- Accused under indefinite apprehension of recommencement of criminal proceedings -- Whether court could interfere with prosecutorial discretion not to further prosecute accused on a charge -- Discretion of court to direct that discharge shall amount to acquittal -- Nature of discretion -- Constitution of the Republic of Singapore art 35(8) -- Criminal Procedure Code (Cap 68) ss 184 & 336(1) The appellant was charged with four charges of voluntarily causing grievous hurt, criminal trespass, mischief and public nuisance. Before the commencement of the trial, the prosecution successfully applied for him to be discharged in order to enable him to complete a course of treatment at a drug rehabilitation centre, such discharge not amounting to an acquittal. On appeal, the appellant contended that the discharge ought to amount to an acquittal and in the alternative asked that the matter be reinstated and disposed of expeditiously on the grounds that it was unjust that he should be left under indefinite apprehension of the recommencement of these criminal proceedings. Held, dismissing the appeal: (1) When the public prosecutor decides to inform the court that he will not further prosecute a defendant upon a charge, he does so in the exercise of the discretionary power vested in him by art 35(8) of the Constitution and s 336(1) of the Criminal Procedure Code (Cap 68)('the CPC'). There can be...
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...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
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...Code, 1860 141. Unlawful assembly.-- An assembly of five or more persons is designated an" unlawful assembly", if the common object of the persons composing that assembly is- First.- To overawe by criminal force, or show of criminal force, 10[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. Central Government Act Section 447 in The Indian Penal Code, 1860 447. Punishment for criminal trespass.-- Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Central Government...
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...Supreme Court of the United States, In the case of the Supreme Court of the United States, Michael D. Crawford v. Washington. Michael Crawford was tried for assault and attempted murder for stabbing a man who was named, Kenneth Lee. Crawford stabbed Lee at his apartment on on August 5,1999. Police arrested petitioner later that night. Crawford claimed he had acted in self-defense when he believed Lee had picked up a weapon. Lee denied doing anything that might make Crawford believe he was trying to attack him. Michael Crawford contended that Lee had attempted to rape his wife, Sylvia. The police arrested him for the stabbing, and after giving both Michael and his wife, Sylvia, Miranda warnings, they interrogated both husband and wife twice. The statement Michael challenged under the Confrontation Clause came from a tape recorded interrogation of Sylvia. In her second interrogation, she gave a version of the fight between Michael and the alleged victim that at least appeared inconsistent with her husband’s self-defense claim. Sylvia’s tape recorded statement was introduced at trial against Michael even though he had no opportunity for cross examination. In reviewing the statement’s admission by the trial court, the Washington Court of Appeals and Washington Supreme Court applied slightly different tests grounded in the framework described by...
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...is set free on that basis. The principle ensures that innocent people are not jail. Historical Background In doctrine it is shown that by the form given to the presumption of innocence in article 23 of the Constitution and the similar provisions in article 6 paragraph 2 of the European Convention and article 52 of the Criminal Procedure Code there is at least one contradiction regarding the moment up until to which the presumption functions. Jean Lemoine created the principle of presumption of innocence with the aim of protecting the defendant, based on the notion that many people are not guilty. This principle requires the judge to start by believing that the prosecution cannot prove its accusations. The principle means that: the accuser has the entire yoke of substantiation; the accused does not need to prove anything and the judge or jury should not get any negative conclusions from the accusations made by the prosecution against the defendant. All these presumptions known to as the golden thread, dictate that the verdict should be made solely from the evidence presented by the prosecution. It is the duty of the judge in ant criminal court to ensure that, there is a balance between the principle and the evidence presented by the prosecution. It is a hard task but a necessity in accordance with the law. The U.S Supreme court has stated...
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...all kinds of reasons such as – * Systemic delays. * Grossly inadequate number of judges8 and prosecutors. * Absence or belated service of summons on witnesses. * Presiding judges proceeding on leave. * Remands being extended mechanically due to lack of time and patience with the presiding judge. * Inadequacy of police personnel and vehicles which prevents the production of all prisoners on their due dates. * Many a times, the escorting police personnel merely produces the remand papers in the courts instead of actually producing the prisoner in front of the magistrate. This practice is widely reported, notwithstanding the strict requirement of the law in Section 167[2][b] of the Criminal Procedure Code, 1973 [CrPC] which says that – ‘No Magistrate shall...
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...Factors persuading criminal justice staff conduct paper University of Phoenix Factors persuading criminal justice staff conduct paper Many things play a role influencing how criminal justice officers will act and how the actions will affect the criminal justice system and the society that they have to protect and serve on a daily basis because of the influences of their actions. In the paper, it will be discussed the assess risk, responsibility, and financial effect working together with discretionary power worked out. By staff in the criminal justice system, and What part does a civilian oversight committee have in guaranteeing authoritative forces not manhandled as it applies to policies, procedures, risk, monetary elements, and discretion. Assess obligation, responsibility, and financial effect working together with discretionary power practiced by staff in the criminal justice system. Every organization to attain and maintain, a culture of honest a more efficient model with discipline has to apply also sustained. The administrators must embrace the new paradigm with self-accountability for each staff member one of them were head managers are not free from which means. The objectives should be to obtain self-accountability rather than just making officers liable following their act of indiscretion. Even though punishing staff members, for violating a policy that includes each tradition also common sense. There are more than numerous various approaches which could...
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...Criminal Procedure Policy Sesanee Lewis CJA/364 January 20, 2014 Walsh, Timothy Criminal Procedure Policy Due process and crime control model shapes the procedures of polices regarding criminals and law enforcement. Due process gives citizens the right to be treated as innocent until proven guilty which is the opposite to the crime control model; you are guilty until proven innocent. Two different approaches, one is a process in which citizens is ensured law enforcement conduct themselves within legal procedures during arrest and the collection of evidence; the other process relying on the integrity of law enforcement by not questioning probable cause nor the collection of evidence to show the guilt of an offender. Due Process gives citizens of America the right to not be deprived of life, liberty, or property without law enforcement going obtaining a warrant by a judge. The rights of citizens by way of due process guarantee a fair process within the criminal justice system. The due process model system of values revolves around the concept of primarily of the individual rights and the complementary concept of limitation of official power of the government. Power is always subject to abuse (Griffiths, 1970). Due process limits this power by give law enforcement rules and regulations as to what they can and cannot do to arrest a citizen and obtain evidence for an arrest. The criminal procedure of due process begins at law enforcement legally arresting...
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...(2014H149260P) Prateek Goel (2014H149259P) Bhumica (2014H149269P) Mohammad Mushir khan (2014H149250P) Swati Panjwani (2014H149266P) Under the guidance of Dr. R. Raghunathan 07/11/2014 Table of Contents AREAS TO BE COVERED IN THE INDUCTION PROGRAM .......................................................... 1 ORIENTATION PLAN .............................................................................................................................. 2 SCHEDULE AND IMPLEMENTATION DETAILS ............................................................................. 4 CHECKLISTS .............................................................................................................................................. 9 1) 2) 3) Procedure and policy Checklist......................................................................................................... 9 Document checklist ........................................................................................................................... 9 Facilities Checklist ............................................................................................................................ 9 COST INCURRED ................................................................................................................................... 10 FORMS ...................................................................................................................................................... 11 1) 2) 3) Medical Performa...
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...Criminal procedure policy paper CJA/364 DEC/19/2012 Susan Strick Criminal procedure policy paper Criminal procedure is broken down into two models and was designed by a professor who studied law at Stand Ford University his name was Herbert Packer. The first model is due process, this process believes in the rights of the individual this will be known as politically liberal. The second model is crime control this supports to regulate the conduct and behavior of individuals. This is considered politically conservative. These models are intended to embody the sets of different values that run the criminal justice system. In this paper both of the criminal procedure will be discussed and compared to show the similarities and differences. This will also be a way of figuring how the effects of policies in the criminal procedure this will be done by looking at the amendments made in the constitution of the United States looking at the fourth, fifth and sixth amendment and also the fourteenth. The fourteenth amendment including the bill of rights will be a critical aspect of achieving the goal of this paper. The procedure that is most used in the criminal proceedings is the due process model. As an individual a person will try to preserve the standard of holding their right to life, property, and liberty. As an individual a person will not let go of the rights without undergoing the right due process promised to them that is stated in the bill of rights. An officer even when...
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