Balancing Crime Control & Constitutional Rights in Criminal Justice Systems

Paper Type:  Essay
Pages:  3
Wordcount:  683 Words
Date:  2023-01-25

Criminal justice has complicated systems when it comes to punishing the wrongdoers. The society, in this case, has this belief that such systems are quick and efficient while protecting people's rights and justice in a fair manner. However, balancing these goals is ideal because it's hard to control crime and to punish the wrongdoers while making sure that constitutional rights are embraced to deliver justice (Neubauer & Fradella, 2018). The crime control model, for example, focuses on efficient systems to ensure that its functions control and suppress crime to make the society safe. Regardless of this, the system has a more conservative perspective.

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Under this model, the prosecutor's action resembles the 'assembly line.' This means that the law enforcement apprehends the suspects, the courts charge them guilty, and the criminal is given appropriate and severe punishments (Neubauer & Fradella, 2018). The due process model, on the other hand, focuses on just a fair criminal system to ensure that it does not infringe constitutional rights. Moreover, the system does not operate as an 'obstacle course' instead of the 'assembly line.' This ensures that the rights and freedom of a person are embraced because the utmost importance aligns with the liberal perspectives.

The crime control mode is also used to promote policies to make the systems tough by expanding the powers of the police through sentencing practices to develop the 'Three Strikes.' This process, in other words, promotes policies that promote the rights of people (Neubauer & Fradella, 2018). This means that the police are forced to communicate to prisoners that they are not permitted to answer questions with the attorney similar to the case seen in Miranda Vs. Arizona (Neubauer & Fradella, 2018). The due process model, on the other hand, either shuts down the private prisons that have the rights to inmates or provides the defendants with an attorney.

The first article where the Delray police increased the patrols due to violence in the family is under the crime control model because the police increased its numbers to reduce the rate of murder in families (Milian, 2017). This case also uses the due process model when Goldman raised a concern that everyone should alert them when they notice their neighbors carrying guns. This was to avoid them doing anything crazy that would either kill them or hurt people.

The second article that shows how the NYPD stop the frisk policy because it violates the rights of people applies to the due model process. The Manhattan court judge said that the city had a deliberate indifference because of unconstitutional searches by the police (Calder, 2013). The most targeted people were the minority, and this violated their rights against unreasonable seizures and searches, whereas the 14th amendment guaranteed the due process of equal protection.

The third article shows that the Howard police increased its numbers after they noticed riots coming from Baltimore. In this situation, the police used the crime control model by increasing the presence of police around Howard County (Janney, 2015). This was done because of various threats that were shared on social media, and the only way they had was to increase their numbers to take caution, especially in places like village centers and malls.

Conclusion

Criminal justice has complicated systems when it comes to punishing the wrongdoers. Such systems are quick and efficient while protecting people's rights and justice in a fair manner. Balancing these goals, however, is ideal for controlling crime and punishing the wrongdoers while making sure that the constitutional rights are embraced while delivering justice. The crime control model, for example, focuses on efficient systems to ensure that its functions control and suppress crime to make the society safe.

References

Calder, R. (2013). NYPD's stop-frisk policy violated rights: Judge. Retrieved from https://nypost.com/2013/08/12/nypds-stop-frisk-policy-violated-rights-judge/

Janney, E. (2015). Howard County Police Increase Presence After Baltimore Riots. Retrieved from https://patch.com/maryland/columbia/howard-county-police-increase-presence-after-baltimore-riots-0

Milian, J. (2017). LATEST: Delray police increase patrols in the area of a violent family feud. Retrieved from https://www.palmbeachpost.com/news/crime--law/latest-delray-police-increase-patrols-area-violent-family-feud/g7O78OOeXi3LpZORWT5NeN/

Neubauer & Fradella. (2018). America's Courts and the Criminal Justice System, 13th ed. Cengage.

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Balancing Crime Control & Constitutional Rights in Criminal Justice Systems. (2023, Jan 25). Retrieved from https://midtermguru.com/essays/balancing-crime-control-constitutional-rights-in-criminal-justice-systems

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