There are two main models in the criminal process, the crime control model and the due process model. The crime control model focuses on repression of crime in a speedy and conclusive way. The use of “presumptions of guilt” speeds the process up because very little evidence is needed against the suspect for them to be considered guilty. In this model, it is believed the laws should be stricter, the police force should be increased, and the sentences should be more intense. The due process model has more steps and is more dependable. It focuses more on investigation and finding all the facts. This model pays attention to the person’s rights and liberties as stated in the and the limited powers of the government. The due process model also takes mental illness into consideration, whereas, the crime control model does not. In The Brothel Boy, Mr. Blair used the due process model. Mr. Blair did not think the brothel boy should be as harshly judged and persecuted for his actions because he did not know any better and did not know what he was doing, he was “just like an animal.” Dr. Veraswami, contrarily, uses the criminal control model. He thinks the brothel boy should be treated as everyone else would, and should be hanged for what he did (Packer).
Mala in se and mala prohibita are the two different types of crime. Mala in se means that the crime committed is morally wrong, usually involving harm to someone or their property. Crimes included in this type of crime are murder, rape, theft, etc. Mala prohibita crimes are not exactly wrong per se, they are just prohibited. Mala prohibita crimes are speeding, public intoxication, etc. The crime in The Brothel Boy was a mala in se crime. It is mala in se because rape is rather universall...
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...t he knew (Cole, Smith, and DeJong, p. 64).
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The brothel boy is the main suspect when a local 12 year old girl is raped. The victim is found naked with a head wound being held by the brothel boy after a group of farmers hear a scream coming from the river. Since he was the only one there the villagers assumed he was the perpetrator. So they formed a mob and tried to get people’s justice by almost beating him to death. This small village is located in Burma before modern times. Many believe that the brothel boy committed this assault because he has worked in the brothel all his life, seeing the acts, and is very undereducated. The villagers are calling that the brothel boy be hanged for his crime because they fear he could do it again if he gets out. The brothel boy’s punishment all comes
Since Guenther didn’t think we had a criminal justice system, we should start by learning what one should look like. Herbert Packer tells us that there are 4 assumptions that must be met in order for us to call our system a criminal justice system. The first assumption makes sure that we understand what peoples jobs are in the system.
The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
The individuals within our society have allowed the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflicts with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, reside in our ability to observe the Individual’s rights for public order. The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence-based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packers believed in which ones rights are not to be infringed, defrauded or abused was to be considered to be the ideal for procedural fairness.
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