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Do the procedures that we have studied at this particular stage correspond to any of the models of the criminal justice process that we studied in Week 1? If so, which models?

In UK, it is a requirement that a person is proved guilty beyond innocent doubt. Criminal Justice is a process that involves a series of steps beginning with the investigation and conclusion with the release of the offender under supervision from a correctional facility. Just like in the different models studies in Week 1, I believe that regulations, rules and decision making form an instrumental element at each stage. There are a number of models studies in week one that can be applied at different stages of the criminal justice process. Some of them possess conflicting ideas regarding the administration of justice. For instance, the Due process and crime control models differs at different stages of the criminal justice process especially when it comes to trial, arrest, sentencing and release of a prisoner. In my opinion, the thinking behind the crime control model is to remove the prisoner off the neighborhood and help keep it safe and the people living in it. However, the due process model requires that the criminal be subjected to a fair trial and that justice should not only be done but should also be seen to have been conducted.

Another model that can be applied to the criminal justice process that we have studies so far is the medical Model of criminal Justice. It focuses heavily on rehabilitation. It refers to the employment of a therapeutic approach in correctional treatment. On a personal level, I believe that the offenders are placed under treatment just in the same way that medical patients are done so as to address the main reason as to why they committed the crime. I believe that this model works hand in hand with the Due process model but it might at one point conflict with the crime control model. In other words, the main legal idea in this model is that by tackling the root causes of the individual’s behavior and the root cause, it is understandable that the offenders are less likely to continue engaging in criminal activities.

Due process

The due process model incorporates ideas that are found in the rule of law and emphasizes on the defendants rights through the right to a fair trial, the principles of the assumption of innocence, equality before the law and that just should not only be done but it should also be seen to be done. In my opinion, due process appears to place a barrier such that the rights of the defendants are given priority and places various impediments through which the criminal justice systems needs to operate. I believe that the protection that the defendants are accorded is to ensure that the innocent are acquitted and only until when they are proven guilty is when they are allowed to be punished and convicted. The main idea here is administration of justice.

In my opinion, one good instance where the due process has been successfully applied is seen in the Police and Criminal Evidence Act of 1984 which pointed out the lack of procedural safeguards in interviews that are conducted by the police. In this case, the interviews that were done were not recorded and the suspects were given a chance to look for legal representation. Additionally, the due process also permits individuals to be scrutinized with the assistance of Human Rights Act 1998 since it enables suspects to be interviewed from the perspective of human rights.

Crime Control

In my opinion, crime control concentrates heavily on the need to convict the guilty and to conduct this practice in an accurate manner without any delays and ensure that the justice is done efficiently. I believe that law enforcement agencies possess a duty to avoid breaching the law since they are as well not able to escape the scrutiny of the victim’s legal representatives. I tend to believe that when compared to the due process, crime control is swift in the manner in which it conducts its processes since it functions before an actual crime hence making it possible for government’s burden of proof to be less relative to the other models.

Conflict between models and Whether the procedural Conflict Can Be Resolved

Crime Control versus Due Process

The Due Process and Crime control representing competing or conflicting views of the criminal justice. I tend to believe that the conflicts and the tension that is found between the two models accounts for the disharmony that is observable in the criminal justice system. The two models conflicts in such a way that the due process believes that the crucial element in the criminal justice system is ensuring that fundamental fairness or the due process is provided under the law. On the other hand, crime control believe that the repression of a crime should be the top most agenda in the justice system since order is a necessary condition when it comes to promoting a free society. Declaring that one of these models is better than the other needs an individual to make a value judgment hence making the solution a bit challenging to sort. The crime Control model conflicts with the due process in terms of ideas and what they stand for. Crime control focuses on conservative values whereas due process concentrates on liberal values. In other words, I can assume that while the Due process focuses on Justice, crime control concentrates heavily on punishment.