Honesty Versus Justice and Due Process Versus Crime Control

Honesty versus arbiter and referable Process versus abomination construe Lisa Moore University of capital of Arizona Ethics in Justice and security department CJA 530 prove 07, 2010 Roger Long JD Honesty versus Justice and everywheredue Process versus evil Control The lamentable arbiter system is make on a proveation of integrityfulness and judge. For evaluator to work, the referee system, and criminal justice professionals mustiness be honest. The leger veracity, describes an several(prenominal) that doesnt lie, cheat, steal, or abuse to get onwards for personal or professional gain.The word justice describes the concepts of moral compensateness establish on ethics, rationality and fairness. How can on that point be justice if the discredited go free or if the innocent grant for horrors he or she never committed. In arrange for this to occur, our court-ordered system must be one that demands absolutely honesty, much(prenominal) as when someone is ca lled to testify he or she is asked, Do you swear to express the fairness, the whole truth, and nothing but the truth? If false accusations and false evidence atomic number 18 indicateed against the innocent, they will be punished as if they atomic number 18 guilty (RealPolice, 2000).The place of honesty in a system that promotes justice has sparked a controversial issue among the crook Justice world, that honesty could be contrive on the back-burner when pursuing justice. For example when officers present false evidence to prosecutor in order to study a sequel against the criminate when they believe he or she will not be found guilty. A good example of caper by natural law enforcement occurred in 1993, when Craig D. Harvey a New York State Police state cavalryman was charged with fabricating evidence.Harvey admitted he and an other(a) trooper lifted fingerprints from items the suspect, tail end Spencer, touched mend in Troop C home plate during booking. He attached the fingerprints to evidence card and later claimed that he had pulled the fingerprints from the scene of the murder. The beat evidence was used during trial and lav Spencer was sentenced to 50 years to life in prison (New York Times, 1993. ) It is important that the officials within the justice system be held to higher standards in moral and ethical behavior.As the law enforcement arm of our legal system, justness enforcement officers recall a front-line role in pioneer the laws our legislators bring about. If they arrest those they know are innocent, create fake evidence against the innocent, or other than undo the requirement of honest and straight behavior, they undo the abutes of the justice system from the really beginning, and therefore corrupt the whole work (RealPolice, 2000). Honesty and justice are the entities that we look on to distinguish between right and wrong, good and evil, legal and illegal.We depend on justice to keep us prophylactic from evil and al low us to embody our lives in harmony and peace, without chaos. According to John Locke (1690), we, as citizens, give up sovereignty to a government or other authority in order to lift up or maintain social order through the rule of law down the stairs the Social Contract Theory. Crime withstand and due suffice puzzles are cardinal competing systems of set operating within criminal justice, the tension between the two accounts for the negate and disharmony that now is observable in the criminal justice system (Hoffman, p. 12, 2000).Although they are both opposite systems both impingement the way our judicial system is ran. When comparability the due process and crime gibe shapes, it should be kept in school principal that proponents of both cases embrace constitutional values (Hoffman, p. 11, 2000). The concept of Crime Control type is to get the criminal off the thoroughfare and to protect the innocent. The Crime Control gravel could perhaps be seen in a negativ e mannerism due to the feature that it assumes the asseverate criminal is guilty withal before they step foot into the court, this model supports those actions of the police and prosecutors to the fullest extent (Zalman, p. 3, 2002). This model moves the maintain criminal through the system with the circumspection that everyone is guilty until proven otherwise, and to a fault limits the make sense of plea-bargaining and appeals. The main objective of the criminal justice process should be to discover the truth or to establish the guilt of the accused (Hoffman, p. 11, 2000). The receivable Process sit down resembles an impedimenta course (Zalman, p. 13, 2002). This system is far more realistic in the fact that it leaves inhabit for error. It does not automatically assume that the alleged criminal is guilty before the faux pas is proven.This system does not want to essay prosecuting an innocent person (Zalman, p. 13, 2002) it demands the prevention and excreta of mistake s to the extent possible. The callable Process quality is said to be suspicious of those who are power hungry and merely expression to convict. The difference between the two models in this sense is that the Crime Control moulding is ground upon factual guilt and the Due Process Model is based upon legal guilt (Zalman, p. 14, 2002). Due Process is also based upon equal treatment of the defendant. The soil that this is believed is because it is felt that errors are the cause for an hinder conviction.While the Crime Control Model strongly contradicts this view it can sometimes hinder a persons rights within the system (Zalamn, p. 14, 2002). In the case of Charles Manson, the crime control model, was swift and took the criminal off the streets. Manson was found guilty of confederation to commit the Tate and LaBianca murders, carried out by members of the sort out at his instruction. He was convicted of the murders themselves through the joint-responsibility rule, which makes apiece member of a conspiracy guilty of crimes his cut backow conspirators commit in progress of the conspiracys object (Linder, 2002).The case of Roe v. wade is a good example of the due process model, making it a crime in under Texas law to give ear a woman to get an miscarriage violated her due process rights. The address held that a womans right to an abortion fell within the right to privacy defend by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and tierce trimesters (Oyez Project, 2010).Both models have been opposing each other for years, the crime control model used by law enforcement is based on the assumption that the evidence in a case is reliable and factual not fabricated. Under the due process model the individual charged with a crime will have his or her rights protected To determine that one model is better than the other one would have to make a value judgment. Crime control reflects conservative values, whereas due process model reflects liberal values. In my opinion the due process model is unbiased, and follows the principles of the contract bridge of Independence (Hoffman, p. 1, 2000). Too bad the two models cannot come together to form a model that would work for everyone. References (1993) Police probe Supervisor Admits Faking Fingerprints The New York Times Retrieved demonstrate 7, 2010 from http//www. nytimes. com (2000) Honesty in the Justice dodge RealPolice Retrieved March 7, 2010 from http//forums. realpolice. net Hoffman, D. (2000) Great fence in in savage Justice Should the Crime Control Model or the Due Process Model Prevail Criminal Justice Cliff-Notes pgs. 1-12 Retrieved March 7, 2010 Linder, Doug (2002) The Charles Manson (Tate-LaBianca Murder) Trial UMKC Law Retrieved March 7, 2010 from http//www. wikipedia. com Locke John (1690) Two Treatises governing body Project Gutenberg (10th edition)Retrieved March 7, 2010 from http//www. gutenberg. org/dirs/etext05/trgov10h. htm The Oyez Project, Roe v. Wade, 410 U. S. 113 (1973) Retrieved March 7, 2010 from http//oyez. org/cases/1970-1979/1971/1971_70_18 Zalman, M. (2002) Analysis of the Crime Control and Due Process Models Criminal Procedure reputation and Society Retrieved March 7, 2010 from http//www. associatedcontent. com