...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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...Essay No. 1 CJE3512 Crime Control Model vs. Due Process Model In 1968 Herbert Packer developed two different models that try to explain the different roles and competing values of criminal courts. These models are known as the Crime Control Model and the Due Process Model. Although they are both very different systems, they each impact the way our judicial system is ran. The Crime Control Model is known to be more conservative while the Due Process Model is more liberal. One focuses on the repression of criminal conduct while the other focuses on respect for and protection of individual rights. (Neubauer, Fradella 2013) The Crime Control Model believes in the repression of criminal conduct. This model focuses on factual guilt rather than legal guilt. They consider that any information from the police or prosecutors should be enough to convict a criminal. “Fact finding-initially by the police and later by the prosecutor- is sufficiently foolproof to prevent the innocent from being falsely convicted.” (Neubauer, Fradella 2013) This model emphasizes on reducing crime in society through increased police and prosecutorial powers. According to this model the courts should process cases quickly and advocate decisions of convictions. The principle of the Due Process Model is that citizens have absolute rights and cannot be deprived of them without legal procedures and safeguards. Adherents of this model are usually concerned with unfair rulings from courts towards minorities...
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...Crime control and due process are two models constructed by Stanford university law professor, Herbert Pecker. Both models are based on two different approaches to suppress crime rate in society. The crime control model does not protect individual rights. Crime control is in favor of idea that individual rights must be put aside for the purpose of maintaining public safety (Sociologyindex, n.d). On the other hand due process model suggests that arrested people must be perceived as innocent until proven guilty by courts. Since both models have their own strengths and weaknesses so it is hard to choose one out of two. But since world is dealing with war against terrorism, crime control model is being practiced usually, according to which all...
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...The due process model focuses on the opposite by favoring individual liberties and rights. The due process model’s emphasis is limiting the powers of the government. Both models have the common ideality of the defense counsel acting as an advocate within the criminal justice system Another similarity of both models is they both believe that criminals should be punished if they violated the law. Our current criminal process falls in between both practices, we are to assume someone is not guilty until proven guilty but that it not always the case. Depending on the crime some cases receive media wide attention which does sway the public and may even affect the outcome of a case regardless of the jury selection. Also, the juror may have an undisclosed bias towards the type of crime, law enforcement, race, gender, the way a person dresses, etc. The most important function of criminal justice should be to provide due process, or fundamental fairness under the law. The crime control model reflects...
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...Analyzing Due Process in the Workplace ELIHU M. GERSON AND SUSAN LEIGH STAR Tremont Research Institute Every office is an open system, and the products of office work are the result of decentralized negotiations. Changing patterns of task organization and alliance inevitably give rise to inconsistent knowledge bases and procedures. This implies that there are no globally correct answers to problems addressed by OIL%. Rather, systems must deal with multiple competing, possibly irreconcilable, solutions. Articulating alternative solutions is the problem of due process. This problem and its consequences are illustrated by a case study of a rate-setting group in a large health insurance firm. There is no formal solution to the problem of due process. But it must be solved in practice if distributed intelligent 01% are to be developed. We propose an alternative approach based on the work of social scientists concerned with analyzing analogous problems in human organization. Solution of the due process problem hinges on developing local closures to the problem faced by an organization. This means analyzing (a) local, tacit knowledge and its transfer ability; (b) articulation work, that is, reconciling incommensurate assumptions and procedures. Categories and Subject Descriptors: H.l.l [Models and Principles]: Systems and Information Theory; 1.2.0 [Artificial Intelligence]: General; 1.2.4 [Artificial Intelligence]: Knowledge Rep- resentation Formalisms...
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...Alston v. Advance Brands and Importing Company (Page 65) 1. Given the courts reference to the rights of parents in the case of Alston v. Advance Brands and Importing Company, I do not feel there is any alternative theory. This is because, the plaintiffs cannot demonstrate that they have standing because they cannot show redressability or a remedy. 2. If Alston had been the parent of a smoker who suffered a smoking-related illness, Alston still could not allege an injury despite the fact that several different brands of the cigarettes contributed to the injury. There was no law broken by the manufacturer but by both the third-party seller and the underage purchasers. Brower v. Gateway 2000, Inc (Page 74) 1. The way that I would rewrite Gateway’s clause to be sure that it would be judged by the New York courts, would be first to not ask for arbitration before the ICC. Simply make the terms tolerable for the plaintiffs who seek protection of their rights. Furthermore, if the courts find that the defendants are liable then all fees should be refunded. 2. A. In this case the practical implication of Gateway’s loss is that their arbitration clause is unreasonable and burdensome to plaintiffs, it favored Gateway and it chose ICC as the arbitration forum. B. If Gateway had prevailed; it would have changed the cost-benefit analysis involved in deciding whether to settle the case because most of their computers cost less than the required amount from both parties. DiMercurio...
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...Due Process Clayton Cullins 01/04/12 CJS 220 Mr. Samuel P. Cervera Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so that judges - instead of legislators - may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. In the criminal justices, Due process can be in applied in court cases. In criminal prosecutions and civil cases are generally governed by explicit guarantees of procedural rights under the Bill of Rights. Most of these rights have been incorporated under the Fourteenth Amendment to the States. Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived...
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...Describe the concept of due process: Due process is a legal term from the government. It is a principle that the government must respect the legal rights of an individual according to the law. This due process holds the government to the law of the land protecting people from the states power. This is kind of a way of limiting what the government can and can’t do in efforts to make them not be unfair to the people. I read this and I feel that it helps explain what I am trying to say a little more clearly. "The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929). The constitution states only one command twice. The Fifth Amendment says to the federal government that no shall be “deprived of life, liberty or property without due process of law”. The Fourteenth Amendment uses the same eleven words called Due Process Clause and it is used to describe the legal obligation of all states. Basically they are giving an promise of assurance that all levels of the government must operate within the law and provide fair procedures. Describe three of the legal defense. The three defenses that I would like to describe would be the insanity defense, self-defense, and the entrapment defense. The insanity defense is the defendant claims that because of mental health problems they were not responsible for their actions. The insanity defense is based on...
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...160 Ohio App.3d 634; Ricker v. Fraza/Forklifts of Detroit; | |[pic] |[pic] |Page 634 |[pic] | RICKER, Appellant v. FRAZA/FORKLIFTS OF DETRIOT, Apellee. [Cite as Ricker v. Fraza/Forklifts of Detriot, 160 Ohio App.3d 634, 2005-Ohio-1945] 2005-Ohio-1945 Court of Appeals of Ohio, Tenth District, Franklin County. No. 04AP-582 Decided April 26, 2005 LAZARUS, Judge. {¶1} Plaintiff-appellant, J. Griffin Ricker, appeals from a decision of the Franklin County Court of Common Pleas, dismissing his complaint against defendant-appellee, Fraza/Forklifts of Detroit ("Fraza"), for lack of personal jurisdiction. {¶2} Ricker initiated this action with a complaint seeking damages for breach of an oral contract to provide insurance consulting services. The complaint alleges that Ricker is an insurance consultant with his principal place of business located in Hilliard, Ohio, and Fraza is a Delaware corporation with its principal place of business located in Roseville, Michigan. The complaint further alleges that, in 2002, Fraza hired Ricker to provide insurance consulting services, and agreed to pay Ricker $30,000 if business insurance was obtained through the efforts of Ricker. Such payments would apply to subsequent annual renewals of insurance. Ricker obtained insurance coverage for Frazer from Universal Underwriters Group for 2002. Fraza paid Ricker for his consulting...
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...hostile, as a mob met the youths. The trial judge appointed “all members of the bar” for the purpose of the arraignment. The defendants themselves were illiterate and “ignorant”. They were all tried separately, each trial lasting a day, convicted, and sentenced to death. Issue- Whether the defendants had sufficient counsel. Whether the Due Process Clause of the Fourteenth Amendment had been violated. Held- No. The Court noted that when counsel was in place that neither the defense counsel nor the court could say what a prompt and thoroughgoing investigation might disclose as to facts as there had been no proper investigation, and no opportunity to do so. Given the hostile circumstances, the illiterate status of the defendants, the close surveillance, their isolation from their families, and that they stood in deadly peril of their lives, the failure of the trial court to give them reasonable time and opportunity to secure counsel was a clear denial of due process. Discussion- The necessity of counsel is so important and urgent that the failure of the trial court to make an effective appointment of counsel was likewise a denial of due process within the meaning of the Fourteenth...
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...Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 74457 March 20, 1987 RESTITUTO YNOT, petitioner, vs. INTERMEDIATE APPELLATE COURT, THE STATION COMMANDER, INTEGRATED NATIONAL POLICE, BAROTAC NUEVO, ILOILO and THE REGIONAL DIRECTOR, BUREAU OF ANIMAL INDUSTRY, REGION IV, ILOILO CITY, respondents. Ramon A. Gonzales for petitioner. CRUZ, J.: The essence of due process is distilled in the immortal cry of Themistocles to Alcibiades "Strike — but hear me first!" It is this cry that the petitioner in effect repeats here as he challenges the constitutionality of Executive Order No. 626-A. The said executive order reads in full as follows: WHEREAS, the President has given orders prohibiting the interprovincial movement of carabaos and the slaughtering of carabaos not complying with the requirements of Executive Order No. 626 particularly with respect to age; WHEREAS, it has been observed that despite such orders the violators still manage to circumvent the prohibition against inter-provincial movement of carabaos by transporting carabeef instead; and WHEREAS, in order to achieve the purposes and objectives of Executive Order No. 626 and the prohibition against interprovincial movement of carabaos, it is necessary to strengthen the said Executive Order and provide for the disposition of the carabaos and carabeef subject of the violation; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the...
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...Mary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company. The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there. In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court...
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...to understand the basis of the majority opinion and whether the arguments of the dissenting opinions are valid. Specifically, David wants you to answer the following questions: • The majority opinion concludes that “the right to marry is fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses… couples of the same-sex may not be deprived of that right and liberty.” What are the chief criticisms that Chief Justice Roberts’ dissent makes of the conclusion that the right to marry is a fundamental right? • Do you agree with the majority or with Justice Roberts on whether the right to marry is a fundamental right, and why? (Definition of “marriage” is part of Robert’s analysis of whether the right to marry is a fundamental right and is also part of the majority opinion, so you have to get into what the word “marriage” means) • Justice Thomas’s dissent states his view that substantive due process is wrong. He also says that, even if were “defensible”, “the concept of ‘liberty’ [that the majority opinion] conjures up bears no resemblance to any plausible meaning of the word as it is used in the Due Process Clauses.” What is Justice Thomas’s view of the meaning of “liberty”...
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...Volkswagen, Inc in New York, which at the time Mr. and Mrs. Robinson where currently residents. As they were traveling to Arizona to relocate, they were rear-ended by another vehicle. When the accident occurred the Robinsons realized that the Audi had a defect, which caused the doors to jam with the impact and the fuel tank position of the fuel tank caused a fire at the time of the accident. The Robinsons claimed that the major injuries sustained were caused by the malfunction and lack of safety from the vehicle. Issue (Legal & Court): Whether Oklahoma had in personam jurisdiction, even though the automobile retailer and its wholesale distributor did not have a residency connection with the state. The Court has to determine if the Due Process Clause is violated because of lack in meeting the “minimum contact” requirement. Holding: The U.S. Supreme Court reversed the ruling for Oklahoma to have jurisdiction, because the forum state did not have enough residency or a minimum contact with the defendant to meet the requirements to be considered a objective trial. Rationale section: (Why) The 14th Amendment limits a state’s power to judge a non-resident defendant without proper personal jurisdiction. This amendment provides protection against inconvenient litigation for the defendant located outside the state boundary. The Supreme Court used the principle of minimum contact to stablish whether the litigation would be fair and reasonable for the defendants. The court followed...
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...Assignment: GM520 1. Smoking of Electronic Cigarettes on Aircraft The regulation on E-cigarettes is from the Department of Transportation. This regulation is very interesting for me because I grew up around mostly cigarette smokers. My mother used to smoke, my father, my grandparents, my sisters and brothers. In the country that I came from, smoking is one of the cheapest vices. When you go out of your house you will never miss a person smoking. I chose this regulation because I am basically concerned about the air we breathe especially if we are a non-smoker. I have been on few flights myself and I have never encountered somebody smoking e-cigarettes myself. But, since this new technology is growing and although it has claimed to reduce the risk of real cigarette-smoking, we are still unaware of the negative impacts it may bring to the air quality within the aircraft, and the impact it brings to the high-risk passengers aboard the aircraft. This regulation may not affect the organization I am working for but it definitely affects me as an individual. I work in a bank as a teller and thrice this year I have been a passenger of a plane which is preferable to me than driving 6 hours. I love flying and I would definitely enjoy it more with clean atmosphere and without the disturbance of a passenger sitting beside me inhaling and exhaling vapors. But of course this is not only about me, but of the population that is aboard the aircraft. A plane may consist of elderly...
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