Due Process and Criminal Control Methods Essay
Nowadays, efforts to contain the high rates of crime in society have been faced with many challenges. The have proved difficult to many in our society. There is widespread unemployment among young people which has led to an increase in poverty and . As a result, criminal activities have risen to an alarming rate with elaborate criminal gangs being formed. According to Walklate (19), robbery is the act of taking something that is of high value from somebody through the use of force or using other means like using threats. The common law defines robbery as acquiring somebodys property forcefully and depriving the full enjoyment of the property.
The main characteristic and differentiation of robbery is the application of violence or/and intimidation. There are different types of robbery with the main ones being; armed robbery which involves the usage of guns or other weapons, carjacking which is taking from somebody forcefully, and piracy, among others. Every nation around the globe must come up with measures of reduction of crime in their areas of jurisdiction.
Various approaches are applied to deal with robbery and associated crimes. Some nations are of the view that these social evils are highly influenced by nurture that is the environment one grows in. this has had good results as lawbreakers undergo a vigorous rehabilitative session to guide them in correcting their wayward behaviors (Mappes and Zembaty 13). The other approach is on being answerable to the crimes committed and therefore the robbers are subjected to in correctional facilities around the country. Whichever approach is used the end should always justify the means. This essay focuses on the due process and crime control methods applied in diluting robbery in our society and the reasons why they should be applied efficiently in dealing with this crime.
Due Process Model
The two approaches to criminal justice are in a normative state and there is always a risk of seeing one or the other as better or worse depending on the application. However, flexibility is desired in dealing with situations in the criminal process. Due process provides that everyone should be presumed innocent until a court of law makes a ruling on the innocence or guiltiness of the suspect. Its ideologies are based on the formal structure that constitutes the law system rather than on controlling the crime. It is of the notion that it is better to have a robber or any other criminal free in the society but undergoing the complex judicial process rather than have an innocent person in jail whose rights have been curtailed (Bowling 58).
This model fails to appreciate the ability of crime investigating and prosecuting officers and views them as being informal and much liable to commit errors during the process of their work. It stresses that wrong information and facts can be collected especially when one is in jail due to the (). Therefore, the person is subjected to unnecessary duress and often investigators may use psychological or even physical coercion to obtain the needed information. As a result of all these, many hours are needed in retrieving evidence that must be accurate and reliable.
Before a suspect is either sentenced or acquitted, the courts move slowly taking many months or even years while still, the robber is free in our streets in the cities. This model believes that a person is not responsible for their acts but the influence of society plays the bigger role in determining the deeds of individuals. If society never instilled good morals in the children while they were growing up, they are liable to engage in social crimes like robbery. Hence, society must correct the behaviors mainly through rehabilitative procedures.
Crime Control Model
The second approach to the criminal justice system is the Crime Control Model. It is a theory that stresses crime reduction in our societies by increasing the police and their arresting and prosecutorial powers. It emphasizes curtailing the criminals rights of liberty by putting them in police cells until the courts can be able to determine their cases. It gives priority to governments around the world for having the powers to protect society without giving much consideration to the liberties of individual citizens (Mappes and Zembaty 56). If the law enforcement agencies fail to curtail criminal activities in society, it will increase the breakdown of public order.