which of the criminal process is seen as an obstacle course

Full Answer

What is the main objective of the criminal justice process?

The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused. Packer's due process model is a counterproposal to the crime control model. It consists of these arguments:

How should the criminal justice system work in the US?

The criminal justice process should operate like an assembly‐line conveyor belt, moving cases swiftly along toward their disposition. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact‐finding of police and prosecutors is highly reliable.

How does a criminal case get started in a state?

States have grand juries, which prosecutors sometimes use, but more frequently, prosecutors initiate court proceedings by way of a complaint. Once the prosecutor has obtained an indictment, or written a complaint or information, a judge will issue an arrest warrant for the defendant.

Who studies the behavior of criminals?

Kim Park is a licensed psychologist who studies the behavior of criminals. Dr. Park would best be described as a ______. criminologist Most decisions in the criminal justice process are made by ______. professionals and those outside the system All of the following are central to ethical decision-making EXCEPT ______.

Which model of criminal justice is more like an obstacle course than an assembly line?

The due process modelThe due process model focuses on having a just and fair criminal justice system for all and a system that does not infringe upon constitutional rights. Further, this model would argue that the system should be more like an 'obstacle course,' rather than an 'assembly line.

Which is better crime control or due process?

The crime control model is considered to be a conservative approach to crime that focuses on protecting society from criminals by regulating criminal conduct and justice. In contrast, the due process model is considered to be a liberal approach to criminal justice that favors criminal rights.

What is the due process model of crime?

The due-process model focuses upon the rights of the defendant, who is presumed innocent until proven guilty, and aims at individualizing rehabilitation programs for those found guilty.

What are the 3 processes of the criminal justice system?

Three main components make up the criminal justice system: law enforcement, courts, and corrections.

What are the disadvantages of the due process model?

Which, means the disadvantage of the due process model in this particular question would be the innocent who are having their rights violated. The due process model is supposed to protect the innocent and this would be a huge violation to most citizens if this were to happen today.

How does due process prevent crime?

The Principle of Due Process Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.

Why is due process an obstacle course?

Due Process Values If the Crime Control Model resembles an assembly line, the Due Process Model looks very much like an obstacle course. Each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process. …

What is the conflict model of crime?

The conflict model of criminal justice, sometimes called the non-system perspective or system conflict theory, argues that the organizations of a criminal justice system either do, or should, work competitively to produce justice, as opposed to cooperatively.

What is Packers due process model?

Packer's due process model is a counterproposal to the crime control model. It consists of these arguments: The most important function of criminal justice should be to provide due process, or fundamental fairness under the law.

What are some challenges facing the criminal justice system?

Among the many challenges we face are criminal behavior trends like street violence, gangs, guns, human trafficking, terrorist activities, and cyber crime....Here are five:Drug use and the crime cycle. ... Youth in the criminal justice system. ... The high incarceration rate . ... Violence against women .More items...

What are the 5 stages of criminal justice process?

Steps in the criminal justice process include the investigation and arrest, pretrial activities, adjudication, sentencing, and corrections.

What is the informal process of criminal justice?

The term informal disposition refers broadly to the manner of obtaining a final disposition of a criminal matter without reliance on the normal processes of the criminal justice system that would result in conviction of the offender.

What is the focus of a criminal case?

An incident that becomes the focus of a criminal case usually begins with an investigation by an officer in a law enforcement agency, such as the Federal Bureau of Investigations (FBI), local police department, or county sheriff.

What do police officers do in a criminal case?

In these cases, officers will interview witnesses, collect physical evidence (like fingerprints, carpet fibers, and bullet casings) and biological evidence (such as blood, hair, and bodily fluids). Officers document their investigations with photographs, videos, and written reports that they submit to prosecutors.

What is the grand jury's charge?

The grand jury is a constitutional requirement only for felony crimes prosecuted by the federal government.

What is a warrant in law enforcement?

A warrant is an official document, signed by a judge. An arrest warrant authorizes officers to take a defendant into police custody. A search warrant authorizes police officers to search for specific objects or materials at a definite location.

What is the purpose of probable cause in an arrest?

An arrest occurs when a person, usually a law enforcement officer, uses legal authority to restrict a suspect's freedom of movement. Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

How many jurors are there in a trial?

Jury trial procedures vary depending on which court is hearing the case, but most trials begin with jury selection, when both sides select six to 12 jurors from a pool of potential jurors. After jury selection, the prosecutor and defense attorney give the jury a preview of the evidence in their opening statements.

What is an arrest warrant?

Arrest warrants typically identify the crime for which a judge has authorized an arrest, and might restrict the manner in which an officer can make an arrest. For example, an arrest warrant might state that officers can arrest a suspect "only between the hours of 8 a.m. and 6 p.m.".

What is the criminal justice process?

The criminal justice process should look like an obstacle course, consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually guilty.

What is the purpose of the Due Process Model and the Crime Control Model?

Herbert Packer, a Stanford University law professor, constructed two models, the crime control model and the due process model, to represent the two competing systems of values operating within criminal justice. The tension between the two accounts for the conflict and disharmony that now is observable in the criminal justice system.

Why is repression important in criminal justice?

The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society. Criminal justice should concentrate on vindicating victims' rights rather than on protecting defendants' rights.

Why should criminal justice focus on defendants' rights?

Criminal justice should concentrate on defendants' rights, not victims' rights, because the Bill of Rights expressly provides for the protection of defendants' rights. Police powers should be limited to prevent official oppression of the individual.

Why should the accused be presumed guilty?

If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact‐finding of police and prosecutors is highly reliable . The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused.

Why should police powers be expanded?

Police powers should be expanded to make it easier to investigate, arrest, search, seize, and convict. Legal technicalities that handcuff the police should be eliminated. The criminal justice process should operate like an assembly‐line conveyor belt, moving cases swiftly along toward their disposition.

Why is the criminal justice system so complicated?

The criminal justice system can be quite complicated, especially in the attempt to punish offenders for wrongs committed. Society expects the system to be efficient and quick, but the protection of individual rights and justice fairly delivered. Ultimately, the balance of these goals is ideal, but it can be challenging to control crime ...

What is the most important model in the criminal justice system?

The first tension between these models is often the values they place as most important in the criminal justice system, the crime control model and the due process model. [1] The crime control model focuses on having an efficient system, with the most important function being to suppress and control crime to ensure that society is safe ...

What is due process model?

[3] The due process model focuses on having a just and fair criminal justice system for all and a system that does not infringe upon constitutional rights.

What should be the rules, procedures, and guidelines embedded in the Constitution?

The rules, procedures, and guidelines embedded in the Constitution should be the framework of the criminal justice system and controlling crime would be secondary. Guilt would get established on the facts and if the government legally followed the correct procedures.

What would happen if there were warrantless searches of the suspect's home?

If there were any legal technicalities, such as warrantless searches of the suspects home, it would obstruct the police from effectively controlling crime. Effective use of time would be to immediately punish, especially since the gym had cameras and the man did not attempt to hide his identity.

What happens if police search gym shooters home without warrant?

If the police searched the gym shooters home without a warrant and took evidence then that evidence should be inadmissible, even if that means they cannot win the case. [5] There are several pros and cons to both model; however, there are certain groups and individuals that side with one more often than the other.

Why is crime control important?

This model is a more conservative perspective. In order to protect society and make sure individuals feel free from the threat of crime, the crime control model would advocate for swift and severe punishment for offenders.