One of the first principles in early American constitutional history was the idea that it was more beneficial to society and its citizens to protect the rights of the innocent than to ensure the apprehension, prosecution, and punishment of every perpetrator of criminal conduct. This is often expressed as the notion that it is "better to let 100 guilty men go free than to punish a single innocent man" (Dershowitz, 2002). In many other countries, the balance between freedom and law enforcement is shifted much more toward the other end of the spectrum, and as a result, citizens of those countries are subject to investigative detention, arrest, and post-arrest interrogation based on suspicion alone, and even to long-term incarceration before any adjudication of guilt in any judicial proceeding (Schmalleger, 1997).
When viewed from the perspective of the innocent citizen, it is easy to see the importance of valuing individual liberty and the rights against unjustified police intrusions. However, it becomes much more difficult where the procedural rules of due process and related rights intended to protect the innocent produce the unintended result of allowing the guilty to escape prosecution....
Due Process and the Significance of Interpretation The concept of "Due Process" is a uniquely American one, the significance of which has changed as much as has the societal and political times of the American nation. Today, some critics argue that Due Process is a thing of the past, what with the passing and signing into law of the National Defense Authorization Act, which authorizes the military to arrest and detain
Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student of instruction and the opportunity to learn. 676 F. Supp. 749, 752. Ingraham v. Wright, 430 U.S. 651 (1977). In Ingraham, petitioner students filed an action pursuant to 42 U.S.C.S. § 1981-1988, seeking damages
Conflict/Crime Control Model vs. The Consensus/Due Process Model Over the years, theorists have developed several theories to describe crime as a social phenomenon. Two of today's most popular theories are the conflict/crime control model and the consensus/due process model. Both theories attempt to explain the origins of crime, but they approach crime from two very different perspectives. The conflict/crime control model is focused on crime control and aims to enforce the
The way this type of policy could be implemented would be: to observe what the different ethical situations that are occurring. Then ask employees what their overall views on ethics are, this will help you to have an idea about what is influencing their behavior. At which point, you want to make suggestions as to how they could view and handle different situations in the future (by addressing an
Truth in Sentencing Efficacy Truth in Sentencing Research Proposal Researchers who study the economics of crime are interested in whether specific anti-crime legislation or initiatives can increase the 'cost' of committing criminal acts, thereby reducing crime rates (reviewed by Ross, 2012). The basic premise is that most criminals will use a rational process when deciding when and where to offend and that effective anti-crime efforts will displace criminal activity. For example, implementing
The protester then has an opportunity to file written comments on the report. Utilizing Debriefings to Prevent Bid Protests Officially, Post-Award debriefings are meant to provide transparency to the unsuccessful candidates. Although the prescribed requirements of the briefings are very rigid and formal, agencies should resist the temptation to meet the bare minimum required by the formalities. Agencies should pay special attention to Requirement 1, the "evaluation of the significant weak
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