CHP2 Flashcards
How does the purpose of the criminal justice system entail aspects of both crime control and due process?
The criminal justice system aims to protect public safety and ensure justice. Crime control focuses on public protection by deterring and incapacitating offenders, while due process emphasizes the rights of individuals, including offenders. The system strives to balance these elements by ensuring that both justice is achieved and that communities remain safe and secure.
Describe and compare/contrast the concepts of crime control and due process.
Crime Control Model:
Focuses on public protection through deterrence and incapacitation.
Prioritizes swift, certain, and efficient justice.
Strong presumption of guilt (e.g., emphasis on victims’ rights).
Due Process Model:
Aims to ensure equal justice for all citizens, regardless of status.
Focuses on protecting the rights of the accused and ensuring fair trials.
Strong presumption of innocence (e.g., the system must prove guilt).
Conflict: These models can conflict, as crime control seeks rapid justice, while due process requires thorough procedures to protect individual rights.
What are the pros and cons of overemphasizing crime control in the criminal justice system?
Pros:
Protects public safety by efficiently deterring crime and punishing offenders.
Prioritizes victims’ rights and swift justice.
Cons:
Risks wrongful convictions due to a focus on speed over thoroughness.
Can infringe on the rights of defendants, potentially leading to unfair trials.
What are the pros and cons of overemphasizing due process in the criminal justice system?
Pros:
Ensures thorough protection of individual rights.
Minimizes the risk of wrongful convictions by enforcing proper legal procedures.
Cons:
Can delay justice, allowing potential harm to public safety.
Could slow down the system and allow offenders to remain in the community longer.
Identify themes of crime control and due process in the cases of the Central Park 5 and Miranda v. Arizona.
Central Park 5: Crime control was emphasized, resulting in swift arrests and wrongful convictions, with less focus on the accused’s rights (a due process concern).
Miranda v. Arizona: This case highlighted due process, leading to the requirement that suspects be informed of their rights (Miranda Rights), ensuring protections for the accused during interrogations.
