Review Response

The issue as to whether American judicial system ought to go is no doubt one of the contentious issues with regard to the efficacy of the judicial system to deal with crime. As it has been presented by the writer of this work, Neubauer, (2008), holds the view that indeed crimes are normally defined subject to the respective state laws. This stems from the fact that the American judicial system is founded on the premise of allowing states to have absolute power. In this way, they are usually able to pass laws which promote welfare, public health as well as safety. It is note worthy that Americas criminal and justice is based on the two fundamental crime models.

    The due process model takes into account the need to prevent the conviction of innocent persons while at the same time ensuring for the protection of the rights of the defendant. As it has been put forward by Neubauer, (2008), this model has put limits on both the legal system and enforcement agencies under the auspice of protecting the rights of the accused. By so doing it seeks to ensure that it is proved beyond polices facts before the pretrial time to reduce the possibility of any errors the accused is convicted. The crime control model on the other hand seeks to pay significant attention on the rights of individuals within a given society in order to reduce crime in totality as presented by this writer. The primary objective of this model is usually to ensure that criminal face consequences of their actions.

    Against this backdrop, federalization of state crimes does not appear to be a feasible option in terms of dealing with crime. As it is argued by the writer, this system would in no doubt be inclined towards the crime control model which thus posses the danger associated with ignoring the due process model. In addition, implementation of this system would be extremely difficult due the fact that crimes usually occur in different regions yet federal statues are not uniform throughout the country. That this would reduce the efficacy of proving the due process is no doubt an issue worth considering.


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