Criminal Procedure

This paper is based on the roles played by the two models in determining the Criminal Procedure Policy and the Effects of Fourteenth Amendments in USA.

Crime control model is a model based on the assumptions that are highly dependent on the facts that are investigated on a criminal case the facts are always based on the findings of the police. On the other hand, process model is basically concerned with the rights and privilege of the criminal or a person suspected, it is the process that deals with the legal provisions on the cases and the fundamental rights of the person arrested for instance, one can not be deprived of the right to live even if he is guilty unless judgment is passed by the court. This paper will be based on the roles played by both models in determining the criminal procedure policy.

Crime control models versus Policy Model
According to Nasheri (2002), the two models have led to emergence of opposing views based on findings and facts on a criminal case. The difference that has emerged in the last few decades is the issue of the due process to be followed on a crime since most people assume that once a person is arrested or perceived to be guilty then action is to be taken immediately. However, the Due Process Model suggests that one can not be guilty until proved guilty by the court as opposed to Crime Control Model that are for the opinion that, once someone is arrested then the punishment should be immediate since once arrested or perceived to commit a crime, one is considered guilty and action should follow.
This issue has been opposed by majority, however Crime Control Model only apply in some States such as America but not in most countries. In 19th century in countries like United States, there was a major increase of criminal cases in America especially in States like Chicago and New York, the government by then decided to involve the community and the police patrols in fighting the increasing crime cases in Chicago, this model that was applied in Chicago can therefore explain why the difference emerge between the two models, for instance, the Due Process Model are for the opinion that criminal cases can be controlled effectively through policing within the criminal justice system and believes that it is the sure way of reducing crime while the Crime Control Model, believes that arresting the criminal through the process of justice or criminal justice is not the best way of dealing with criminal cases, as they believe that it is slow and justice can be delayed by the process of inquiry and fact finding on cases, they further  argued that the cases are always pilling-up day by day hence required an immediate attention . Crime Control Model, are for the opinion that the government have the sole mandate to offer an immediate punishment to the criminal to avoid unnecessary complains and to save time in passing judgment on a given case(Nasheri, 2002).

Criminal justice and the possible changes in future
Criminal justice system is an active authoritative system with three major roles or branches that play a great role in maintenance of law and order in any given State. The law enforcers or the police is one of the major branch that deals with ensuring that the laws are followed by the subjectscitizens, with the rise of crime in most countries, the role of policemen is becoming more and more crucial in a State and in the coming years many countries will spend more on security than in the past years (Nasheri, 2002).
The need for self defense among the citizen as a result of increasing criminal cases, may force many people to equip themselves with defense techniques and to buy weapons to protect themselves from dangerous criminals. The other branch in the system that plays an important role is the courts, it is where the laws are interpreted and the judgments are carried out in the criminal justice system of any given State.

With the humanitarian movements on capital punishments and the legal awareness in most countries, the role of courts are diminishing and  programs such as rehabilitation centers for the offenders are on the rise, however in the future the society may transformchange the operation of the courts by creating community based courts to deal with the issue of  increasing cases and delay in judgment hence many courts may be formed to fight the challenges expected in the near future and to enhance governance. The last branch of justice system is the correction centers such as prisons, parole and rehabilitation centers for the offenders in ensuring that order and good moral standards are maintained in the society.
Rights of an offender and how the rights were legally determined in the US 14th amendment

The fourteenth amendment, thirteenth and the fifteenth amendments was put in action after the end of Civil war that led to an increase in crime in America and the government had to come up with a proper mechanism in dealing with crime. It was a war that was fought against the United States when the eleven Slave States from the south ganged against America and initiated a confederate States under the leadership of Jefferson Davis, the amendment was finally adopted on July 9, 1868.

 According to Bui (2004), the amendment defined the citizenship in relation to slave rights in the constitution that denied them the right to have legal provision on their rights in the constitution. As a result of the denial of legal rights of the slaves and their descendants, there was an urgent need by the thirteen States from the south to come up with a clause that would factor in the rights of the slaves, freedom and property rights of the minority group. The clause recognized the right to life and the right to receive a fair hearing through a legal procedure to ensure justice. Equality was a major concern since there was unequal judgment based on origin and color that raised a lot of concern especially the blacks community.

The American 14th amendments in the bill of rights defines the right of an individual in relation to criminal accusations on cases of an offender by defining the rights and obligations of the court in dealing with the case without violating the right of both the offender and the offended, by following the due process of the legal frame work. In the amendment, an offender can not be judged unfairly without following the legal provisions of the court and without being given a chance of hearing or explaining himselfherself before the judge. An offender can not be sentenced to jail terms if heshe is not allowed to go to court or to seek an advice from a professional or to have a witness before the judgments day.

When judgment is done to the offender, heshe has the right to ensure that the judgment is in accordance to the law, for instance, one can not be sentenced to death for stealing a car without fighting or violence. When the offender is sentenced to death without proper consideration of the law, heshe has the right to defend or hire a lawyer to defend himher in court. However, when making judgment the judge must put into consideration the public interest and the seriousness of the case in relation to maintenance of law and order in the State.


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