The phrase “justice is blind” means that no matter the level of class, race, gender, or wealth, justice is the same for everyone without any regards. Justice should be impartial, unbiased and fair. It expresses an idea that unnecessary factors should not be what influences the justice system in a country. Everyone is equal before the law. The purpose of this essay is to explore whether or not justice is blind.
Impacts
Under the operational perspective there are two distinct categories of which justice should operate. The first perspective is commonly known as due process. People are notoriously poor observers when trying to remember the facts of disturbing events. The higher the emotion-arousing context, greater is the possibility that recollection
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The police end up receiving information based on what the suspect thinks the police want to hear because of the coercion, as opposed to hearing truthful facts (Packer, n.d.). Witnesses can be animated by bias or interest that no one would go through the trouble of discovery except for the one individual with the obligation of protecting the interests and the rights of the accused (Packer, n.d.). The due process model is used to reject any attempt there is to provide an enhanced reliability for the process of fact finding and yet still generate a set of processes and intuitions that sharply differs from those that are demanded by the crime control model (Packer, n.d.). The second perspective is crime control model. Under this model, it is based on the suggestion that the control of criminal conduct is by far the most important function and it is to be implemented by the criminal justice process. When law enforcement fails to bring criminal conduct under control, it is often times seen as leading to the breakdown of public order. This also contributes perceived to the disappearance of an important condition of human freedom. If the laws it not …show more content…
These four goals are 1) deterrence, 2) retribution, 3) incapacitation, and 4) rehabilitation. Deterrence can be defined, in broad terms of punishment, and may be expected to affective in one of two ways. First, by intensifying the certainty of punishment, individuals that could potentially commit crime may be deterred by the simple risk of being apprehended. Second, the seriousness of punishments may influence behavior (Wright, 2010). If individuals, who are thinking about committing a crime, weigh the consequences of their actions and conclude that the risks of punishment are too severe, that can be a deterrence. This is part of the logic behind “three strikes,” and “truth in sentencing” policies. This is used to utilize the threat of very severe sentences in order to deter some people from engaging in criminal behavior (Wright, 2010). Retribution is the hub of almost all of the judicial systems that intermingles with law and order. Retributive justice can be distinguished from revenge in the sense that defendants are expected to give up something in return for the offenses they committed this can be to the extent that punishment is supposed to fit the crime. Retribution can be considered a susceptible principle and ranges in doctrines from “an eye for an eye” to “the Golden Rule” (Hirby, n.d.). Incapacitation has been defined as the removing of criminals from society. Typically incapacitation
A comparison of the crime control model to that of the due process model demonstrates the ideologies of the two models are stark in comparison. While the primary focus of the crime control model is on efficiency of the process, the due process model focuses primarily on Personal freedoms and the formal fact finding processes (Bohm & Haley, 2012).
There are a number of differences between Packer’s two models. Packers Crime Control Model’s primary concern is the efficiency of criminal processing from investigation to sentencing. This has been likened to an “Assembly line conveyor belt”. The Due Process Model, unlike the Crime Control Model, is primarily concerned with fairness, supporting the rights of the accused, and quality control. The Due Process Model focuses on upholding the constitutional rights of each person regardless of their social or financial status. Packer’s Crime Control Model places more emphasis on the efficiency of the court system and obtaining guilty pleas regardless of law enforcement adherence to the rights of the accused. The Due Process Model also known as
The due process model points out the human error factor in evidence gathering and places emphasis on the adversarial trial process by which the prosecution has to prove the accused party is guilty (Aviram, 2011). This due process model is seen in many popular culture television shows in America today like Law & Order and CSI, however it is not an accurate representation of the criminal justice system as a whole. Bargaining, or making a plea deal with the prosecution is a trait emphasized in the crime control model but it is also common practice in the American criminal justice system (Aviram, 2011). While the due process model has several positive aspects it seems to work too well in the United States; as of 2008 the U.S. had 2.3 million people incarcerated which indicates the due process model is working as described but it is also unprepared to account for the social consequences of the existing prison system that is perpetuated by guilty verdicts ("Criminal Justice Fact Sheet", 2016). The due process model, although slower, gives more rights to the defendant and ensures the legal system works toward a resolution in the fairest way possible. Unlike the crime control model, due process works and works without infringing upon the constitution rights of the
Incapacitation is a form of punishment that removes an offender from society. This model protects the public by getting the criminals off the street. Deterrence is implemented by punishing a person and using them as an example to deter others from criminal activity or through punishment that deters the individual from committing further acts. Rehabilitation is a prevention model that avoids future criminal activity of an offender by providing treatment and teaching them how to correct their path. Utilitarianism is consistent with preventative models of punishment and suggests that offenders act rationally and punishment that lowers crime will benefit society and outweighs individual harm.
In 1968, Herbert Packer was a Stanford University law professor who constructed two models of criminal process, due process and crime control. The due process model was Packer’s view that criminal defendants should be presumed innocent, courts must protect suspects’ rights, and there must be come limits placed on police powers. The crime control model is a model that emphasizes law and order and argues that every effort must be made to suppress crime, and to try, convict, and incarcerate offenders. Packer’s crime control model suggested that most cases ended in guilty please or withdrawals. In contrast, his due process model suggested that cases that go to trail and are appealed were the most influential. The due process and crime control model differentiate in
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
The individuals within our society have allowed we the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflict with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, resides in our ability to observe the Individual’s rights for public order.
Retribution is the philosophy best explained by the famous saying, “an eye for an eye”. Those that believe in this form of justice hold a strict and harsh view on punishments for crime. The proponents of retribution believe that severe penalties act as deterrence to future crime, however, studies
Herbert Parker introduced two models. One called the crime control model and the other called the due process model. Many argue about how these models affect the society and courts. They argue how one is giving more civilian rights than the other. The criminal justice system goals are to
Robinson, M. B. 2009. Justice Blind? Ideals and Realities of American Criminal Justice, 3rd ed. Upper Saddle River, NJ. Pearson/Prentice Hall.
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
There are different principles that makeup the crime control model. For example, guilt implied, legal controls minimal, system designed to aid police, and Crime fighting is key. However one fundamental principle that has been noted is that ‘the repression of criminal conduct is by far the most important function to be performed by the criminal processes’. (Packer, 1998, p. 4). This is very important, because it gives individuals a sense of safety. Without this claim the public trust within the criminal justice process would be very little. The general belief of the public is that those that are seen as a threat to society, as well as those that fails to conform to society norms and values should be separated from the rest of society, from individuals who choose to participate fully in society. Consequently, the crime control model pro...
Deterrence theory of crime is a method in which punishment is used to dissuade people from committing crimes. There are two types of deterrence: general and specific. General deterrence is punishment to an individual to stop the society as a whole from committing crimes. In other word, it is using the punishment as an example to “scare” society from precipitating in criminal acts. Under general deterrence, publicity is a major part of deterrence. Crime and their punishments being showing in the media or being told person to person can be used to deter crime. Specific deterrence is punishment to the individual to stop that individual from committing other crimes in the future. This type of deterrence is used to teach the individual a lesson whatever action that participated in. Specific deterrence is founded on a principle called hedonistic calculus meaning, “an assumption that human nature leads people to pursue pleasure and avoid pain” (Brown, Esbensen, & Geis, 2010, p 155).
In most cases, law enforcement involves investigation of all forms of suspected, potential or actual criminal activities and presenting evidence arising from investigation to the courts for determination of criminal culpability and subsequent punishment. Law enforcement is also concerned with detaining criminal suspects pending further investigation or judicial action. These, however, are not the only responsibilities or functions of law enforcement. Law enforcement is also concerned with deterrence and prevention of crime as well as enforcement of all the orders given by the law courts such as writs or warrants. In addition, law enforcement play an important role in ensuring public safety, maintaining public order, operating c...