Within American communities with the highest crime rates, the dynamic relationship between motivated criminals and the myriad opportunities perpetually available in their communities contributes to a continuing cycle of multigenerational crime. Moreover, the simultaneous domination of criminal gang culture in conjunction with patterns of social and institutional responses to crime in poor communities on the part of the government also greatly exacerbated the problem.
The ole of Parents, Society, and Government Institutions
The emphasis on apprehending career criminals and prosecuting crimes after the fact instead of directing attention to the root causes of crime in society is likely responsible for the current inability of California (and authorities in many other states) to make substantial progress toward reducing the numbers of individuals who are criminally inclined in society. More than sufficient empirical research and anecdotal information have documented the fundamental importance of directing social services to single-parent families in need (oback Morse,…...
mlaReferences
Macionis, John J.
2003
Sociology 9th Edition. Upper Saddle River: Prentice Hall.
Pinizzotto, Anthony J., Davis, Edward F., and Miller, Charles E. III.
Crime Control Model and the Due Process Model
In this paper we shall examine and differentiate between two "ideal type" models of the criminal process: the Crime Control Model and the Due Process Model. Crime control underlines an efficient criminal procedure by means of early determination of responsibility by law enforcement representatives (Aviram, 2010). The model necessitates considerable reverence to police officers and prosecutors, the "torchbearers" of the criminal process (Feeley, 2003). As a consequence, the model consents to patience with their mistakes. In comparison, the Due Process Model's main goal is safeguarding accuracy and steering clear of the conviction of the guiltless. (Packer, 1969) Under a due process model, law enforcement judgment is seen as possibly biased (Packer, 1969) and is consequently cautiously curtailed by constitutional assessment and procedural stumbling blocks as a "quality control" apparatus (Aviram, 2010).
Packer's models have been far and wide critiqued over the years (Feeley, 2003).…...
mlaReferences
Aviram, Hadar. (2010) Packer in Context: Formalism and Fairness in the Due Process Model, 35 LAW & Soc. INQUIRY.
Packer, Herbert L. (1969) The Limits of the Criminal Sanction. Indiana University Maurer School of Law, Volume 44. Issue 3 Article 7.
Feeley, Malcolm M (2003) Two Models of the Criminal Justice System: An Organizational Perspective, 7 LAW & SOC'Y REV. 407
Evolution of the Violent Crime Control and Law Enforcement Act of 1994
Most Americans regard the Violent Crime Control and Law Enforcement Act of 1994 as the most comprehensive and far-reaching anti-crime bill in the country's history. The Act, which took up more than 1000 pages and an approximate $30 billion in costs, covered an overwhelming array of areas ranging from funding for late-night youth basketball programs to a ban on assault weapons. The bill received credit for the drastic drop in crime levels in the last quarter of the 1990s but was still viewed, by critics, as an unmatched boondoggle. Two decades later, the nation still feels the effect of the Violent Crime Control Act.
The Community Policing and the '100,000 Cops' Initiative
As has already been mentioned, the bill had substantial coverage and incorporated a variety of law-enforcement, crime-prevention and prison-upgrade elements (the Legal Dictionary, 2014). This text dwells particularly on…...
mlaReferences
Carter, G.L. (2006). Gun-Control in the United States: a Reference Handbook. Santa Barbra, CA: ABC-CLIO.
DOJ. (1999). The Clinton Administration's Law-Enforcement Strategy: Combating Crime with Community Policing and Community Prosecution; Taking Back our Neighbors, One Block at a Time. U.S. Department of Justice. Retrieved from http://www.justice.gov/archive/dag/pubdoc/crimestrategy.htm#stage1
Fields, C. (2006). Award-Winning Community Policing Strategies. U.S. Department of Justice, COPS Office. Retrieved from http://www.cops.usdoj.gov/Publications/e08071596.pdf
Justice Policy Institute. (2012). Rethinking the Blues: How We Police in the U.S. And at What Cost? Justice Policy Institute. Retrieved from http://www.justicepolicy.org/uploads/justicepolicy/documents/rethinkingtheblues_final.pdf
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 law and maintain social order. In contrast, the consensus / due process model is worried about protecting individual rights. One of the difficulties with the American criminal justice system is that it has tried to accomplish both goals, despite the fact that many people not only feel that the goals of the two approaches are incompatible, but also that they are differently motivated. Furthermore, it is important to understand that no one is suggesting that either model captures the reality…...
mlaReferences
Packer, H. (1968). Two models of the criminal process. Retrieved May 19, 2012 from Sacramento State College of Health and Human Services website: http://www.google.com/url?sa=t&rct=j&q=role%20of%20law%20enforcement%20in%20crime%20control%20model&source=web&cd=4&ved=0CGoQFjAD&url=http%3A%2F%2Fwww.hhs.csus.edu%2FHomepages%2FCJ%2FBikleB%2FPacker%2520-%2520Two%2520Models%2520of%2520the%2520Criminal%2520Process.doc&ei=Qga4T4ODH6aW2gXus8mvCQ&usg=AFQjCNF3b4y37pL36JOeKY8dQPUaiyWqjA
Perron, B. (Unk.). The crime controls and due process models. Retrieved May 18, 2012 from The criminal defense investigation training counsel website: http://www.defenseinvestigator.com/article10.html
To the extent criminal behavior is actually a result of spontaneous choice, it might be perfectly appropriate as a societal response to crime. On the other hand, to the extent criminal behavior is only partially attributable to spontaneous choice, the classical approach to crime control is inherently ineffective and unlikely to achieve the larger objective of reducing crime in society.
Furthermore, the classical approach to crime control is unlikely to reduce the numbers of individuals who eventually engage in criminal behavior, since criminal behavior is relatively constant with respect to the number of individuals in society who become criminals. Because deterrence is only marginally effective (at best), reliance on the classical theory of crime virtually ensures that every criminal taken off the street is quickly replaced by another criminal beginning his or her career in crime.
This is perhaps the single most important implication of the classical approach to crime control:…...
Crime ControlThe Anomie/Strain theories have been discussed by four sociologist who sought to explain why deviant behaviors occur. The most common Anomie theories are stated by Robert Merton and Emile Durkheim. Many individuals in society are affected by societal control that makes their lives miserable. For example, an individual could be well-learned, have a legitimate means of income and live a good life in comparison to others. However, some of these individuals could feel incomplete or are controlled by the norms of society which limit them to live in a certain manner. Such individuals could end up committing atrocities as a consequence of mental and emotional strain. These individuals mostly fight personal feelings against the norms of the society. For instance, according to Brezina (2012), some are unable to adapt to the new norms due to resistance to change, while others simply fail to embody the norms embraced by society.…...
mlaReferences
Bolton, D. & Dinesh, B. (2020). Changes in society and young people’s mental health. International Review of Psychiatry, 4(3), 11-18.
Timothy, B. (2012). Routledge Handbook of Deviant Behavior. Routledge.
Featherstone, R. &Mathieu, D. (2003). Anomie and strain: Context and consequences of Merton\\\\\\'s two theories. Sociological inquiry, 73(4), 471-489.
This 'law and order' approach, however, will tend to invoke discomfort amongst civil libertarians, who will object to the danger that this poses to the constitution. Accordingly, we consider the Due Process Model of criminal justice, which U.S. Legal (2010) identifies as a mode of administration which emphasizes procedural regularity, adherence to the terms of the Constitution and meaningful commitment to the notion of innocent until proven guilty. As USLegal reports, "A person is entitled to notice and opportunity to be heard at a hearing when they have life, liberty. Or property at stake. Laws should be applied to persons equally, without discrimination on prohibited grounds, such as gender, nationality, handicap, or age. In criminal cases, fair procedures help to ensure that an accused person will not be subjected to cruel and unusual punishment." (USLegal, p. 1)
Conclusion:
In reality, it would be unreasonable to determine that one mode of administration of…...
mlaWorks Cited:
Packer, H.L. (1968). Two Models of the Criminal Process. Stanford University Press.
USLegal. (2010). Due Process Model Law & Legal Definition. USLegal.com.
Explanation of the Emergence of Competing Models of Criminal Justice in Recent DecadesToday, the United States incarcerates more of its citizens per capita than any other country on earth, and this outcome is largely the result of the crime control model of criminal justice that has been predominate over the past several decades. Things may be changing, though, as the due process model becomes the criminal justice model of choice for a growing number of states. These two models represent the culmination of centuries of debate concerning the optimal approach to criminal justice, and there have been a number of other models used in the past. To determine how the current outcome emerged, the purpose of this paper is to review and discuss the relevant literature to provide an explanation concerning the factors that have historically influenced the type of criminal justice system that is in place in the United…...
mlaReferences
King, M. (1981). Framework of Criminal Justice. U.S. Department of Justice. Retrieved from The%20criminal%20justice%20process%20is,crime%3B%20(3)%20the%20 bureaucratic.https://www.ojp.gov/ncjrs/virtual-library/abstracts/framework-criminal-justice#:~:text=
Klein, S. R. (2006). Enhancing the Judicial Role in Criminal Plea and Sentence Bargaining. Texas Law Review, 84(7), 2023–2053.
Roach, K. (1999). Four Models of the Criminal Process. Journal of Criminal Law & Criminology, 89(2), 671
Criminal Justice Take Home Exam
Crime control and due process are two underlying philosophies of criminal justice that are often presented as competing philosophies by the American media. For instance, to control crime, police officers in popularly televised series such as "Law and Order" are shown as circumventing the letter of the law and occasionally violating due process, because of their natural eagerness to put criminals behind bars. Even in the news, a non-fictional aspect of the media, police officers are often depicted as the heroes that apprehend dangerous criminals and therefore curtail crime. The due process that every defendant is granted, as well as the presumption of innocence is circumvented by such a black and white portrayal, especially when it is suggested that an 'obviously' guilty defendant, because of his or her demeanor or because of leaked information to a news source, is let loose upon society because of…...
Crime Control vs. Due Process DiscussionThe conservative crime control model and the liberal due process model each has its respective strengths and weaknesses, as well as their extremes. On the one hand, the crime control model concentrates on ensuring that an efficient legal system is in place that is capable of adjudicating criminal defendants in an expeditious fashion in order to get as many lawbreakers off the streets as quickly as possible to enhance social stability and public safety. At its extreme, proponents of the crime control model would argue that locking up innocent people is the harsh but acceptable price that society must pay to ensure that criminals are also identified and incarcerated, thereby removing their threats to the public good. These multiple priorities mean that individual freedoms are less important that controlling criminal activities. In addition, plea bargaining is more commonplace under the crime control model since it…...
mlaReferences
Burke, A. Carter, D, Fedorek, B. et al. (2020). Introduction to the American criminal justice system. Oregon Press Books. Retrieved from https://openoregon.pressbooks.pub/ccj230/ .
Jones, R. (2010). Populist leniency, crime control and due process. Theoretical Criminology, 14(3), 331–347.
Nils Christie in his book Crime Control as Industry: Towards Gulags, Western Style, a person has difficulty knowing who are the worst criminals -- the men and women prisoners or the individuals who run the penal industry. The book details how the United States relies on the criminal justice system to enrich business interests by following the model of corporate America. The disciplinary system is supposedly designed to control so-called dangerous populations that challenge the prevailing social order. Yet increasingly, the criminal network is used more to build economic growth for private concerns than to enhance public safety and well-being. This entrepreneurial penal complex will continue to expand exponentially unless stopped by the American public -- a population where the majority of uninformed people wear blinders as to what is occurring in the area of crime prevention.
Relying on his expertise as an economist, Christie explains why private companies are…...
Crime
On March 9th, 2013, two New York City police officers shot and killed a sixteen-year-old Kimani Gray, and claimed afterward that he had brandished a handgun at them after being told to show his hands (Goodman, 2013). More remarkable than the New York Police Department's killing of a young black male, however, was the outpouring of community grief and anger that followed the shooting. The following Monday, March 11th, saw what started as a nighttime vigil turn into a mob, parts of which ended up looting a ite Aid chain store and a local bodega, and by Wednesday night of that week, forty-six people had been arrested, a bricks had been thrown at both a police officer and a police van (Goodman, 2013). The explosion of disorder and discontentment took some in the media and policing community by surprise, but these evens could only be surprising to someone lacking a…...
mlaReferences
Alanezi, F. (2010). Juvenile delinquency in kuwait: Applying social disorganization theory.
Domes, 19(1), 68-81.
Borg, M.J., & Parker, K.F. (2001). Mobilizing law in urban areas: The social structure of homicide clearance rates. Law & Society Review, 35(2), 435-466.
Brisman, A. (2011). Advancing critical criminology through anthropology. Western Criminology
Crime
As Schmalleger explains, the American juvenile-justice system was designed a century ago to reform kids found guilty of minor crimes, but more and more, the system has to cope with more violent crimes committed by younger people. The response on the part of lawmakers has been largely to siphon the worst of these young people out of the juvenile system by lowering the age at which juveniles charged with serious crimes can be tried in adult courts, a trend that seems to increase around election time. The underlying philosophy of early juvenile courts was parens patriae, which means that the courts took the role of parent and protected the rights of the child. Shifting the child to adult court reduces his or her rights rather than increasing them and also bring son harsher punishments. As Daniel P. Mears notes, the creators of the juvenile court system thought it would be…...
mlaWorks Cited
Eskridge, Chris W. Criminal Justice, 4th edition. New York: Roxbury, 1993.
Schmalleger, Frank. Criminal Justice Today 8th edition. Upper Saddle River, New Jersey: Pearson/Prentice Hall, 2005.
Once inmates were encouraged to complete an education while in prison and gain skills to get a paying job so they could be self-supporting once they got out, but that is no longer so. The public attitude was, "Why should criminals get a free education? Law abiding citizens have to pay for college." The overcrowded conditions, caused by long mandated sentences for non-violent drug offenses put an end to social programs in the prisons aimed at preparing prisoners to live as law-abiding citizens when they got out.
Privatization of prisons, which makes them cheaper to run, has had negative effects. Some researchers contend that by putting private companies in charge of prisons, we have created a market economy for crime with a market demand for prisoners. More people in prison provide more business for these companies. These companies have strong lobbies that pressure for harsher and longer sentences. For example, the…...
mlaBibliography
Beaudoin, Jack. "Does the U.S.Abuse Human Rights," Scholastic Update. 8 Dec. 1997.
Bohm, Robert. "Crime, Criminals, and Crime Control Policy Myths," Justice Quarterly,
Chavez, Linda. "One of the Keys to Reducing Crime is Ridding our Prisons of the Crimes Committed There," Enterprise/Salt Lake City, May 15, Vol 29, Iss. 46,
Green, Bonnie L.; Miranda, Jeanne; Daroowalla, Anahita; and Juned Siddique. "Trauma
Many people using illicit and illegal drugs often have no impulse control and may turn violent or to another form of crime. Once an individual's mind is altered from the constant use of drugs, he or she will often steal, lie, and cheat to make the next dollar to obtain more drugs.
Many people could share family related drug stories that have led to criminal activities. About 10 years ago, several acquaintances under the influence of cocaine robbed a pharmacy and stole thousands of narcotics. The man and women then stole a car and cocaine from a dealer and drove across the country; several days later they were both apprehended and sent to jail for a long time. This example illustrates that one impulsive behavior after another can lead to a series of crimes committed. Freud's Psychoanalytical Theory offers a rationale to why individuals would use illegal drugs -- impulse…...
mlaReferences
Bureau of justice statistics- drug use and crime. (2009, October). Retrieved from http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=352
Crime. (2011, June). Retrieved from http://www.thefreedictionary.com/crime
Freud, S. (1961). The Complete Works of Sigmund Freud (Vol. 19). London: Hogarth.
Lerner, L., Lerner, B.L., & Cengage, G. (2006). Criminology. World of forensic science, Retrieved from http://www.enotes.com/forensic-science/criminology
Essay Outline: Ethical Issues and Criminological Theories
I. Introduction
A. Overview of the relationship between criminological theories and ethics
B. Thesis statement: Ethical issues can arise when criminological theories are used to explain and respond to crime
II. Ethical Issues in Criminological Research
A. Consent and confidentiality
1. Protecting the rights of research participants
2. Balancing the need for research with the privacy of individuals
B. Bias and objectivity
1. The influence of researchers' values and beliefs on their work
2. The importance of minimizing bias in criminological research
C. Data collection and interpretation
1. Ethical considerations in collecting and using data....
Complexities of Capital Punishment
1. Ethical and Moral Implications: Explore the ethical and moral dilemmas associated with the death penalty, considering arguments for and against its use based on concepts such as retribution, deterrence, and the sanctity of life.
2. Racial and Economic Disparities: Analyze the racial and economic disparities in the application of the death penalty, examining the role of systemic racism and socioeconomic factors in sentencing outcomes.
3. Psychological and Neurological Aspects: Discuss the psychological and neurological implications of the death penalty, including the mental anguish it inflicts on individuals sentenced to death and the potential for irreversible mistakes in sentencing.
Debating....
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now