Criminal Justice Process

Criminal Justice

Introduction

The models that exist today to represent Criminal Justice fully are, as provisioned by the state law, Crime Control Model and the Due Process Model. Both of these systems that are developed and implemented so as to reduce crime rate are only relevant in one aspect; that is their inclination to control the rate of crime through punishing guilty. But the systematic methodologies and procedures employed by both of these methods are disparate and differ invariably. Furthermore, they are often considered as ineffective in providing a solution to the problems and issues pertaining to the Criminal Justice. The arguments that are posited by due process and crime control are not considered as complex and sophisticated enough to unravel the complexities that come inherent in the cases pertaining to Criminal Justice. Both the models are ineffective for their use of simplistic views which fail to resolve the conflicts of interests underlying the criminal justice.

Discussion

The main reason behind the inefficiency of the models is that the arguments that are employed by them results in the probe within limited scope and thus they complement the criminal justice by the application of finite framework. Herbert Packer; who is the creator of these two models and introduced them, believed in their differing positions across the continuum of the criminal justice system rather than their positioning at the extreme ends of the continuum. But contrary to Packer's view, they are considered as two extremely different approaches with differing outcomes through the arguments they present; as these arguments make the application of both the frameworks finite in nature, thereby creating hindrance in comprehensively conducting the criminal justice case (Bohm, 2002).

This can be more illustrated in the light of the immediate facts pertaining to both the models. Crime control is more inclined to repress the prevailing crime rates whereas due process is concerned with the provision of protection to the innocents. This basically defines their difference regarding the fundamentality of Criminal Justice reflected from their approaches that posits differing position in the continuum. But although the goals of both the approaches are different; to reduce crime rate and to provide protection to the innocents, as discussed above the one aspect that they are relevant is that they seek to provide punishment to those who are guilty of crimes. This is the objective that is coherent across both the approaches. The approaches are different with differing outcomes but the objective met through those outcomes is coherent across the approaches employed (Schmidtz, 2006).

Application - Criminal Justice Institution

The application of the model so as to project that the means used by both the approaches to achieve the coherent objective can be illustrated by considering a criminal justice institution such as Police. The institution of Policing is considered primarily as the criminal justice department that is concerned with the repression of crime rate and crime control. This advocates for the need of policing strategies that are vigilant so as to monitor the criminal activities effectively that will ...