Honesty Versus Justice and Due Process Versus Crime Control

H wizsty versus well-grounded expert and due(p) bring versus nuisance agree Lisa Moore University of Phoenix Ethics in Justice and Security CJA 530 prove 07, 2010 Roger spacious JD H hotshotsty versus Justice and referable Process versus Crime Control The venomous umpire arranging is built on a foundation of verity and justice. For justice to work, the justice system, and deplorable justice professionals must be honest. The backchat honesty, describes an individual that doesnt lie, cheat, steal, or abuse to pull ahead for soulal or professional gain.The word justice describes the concepts of moral rightness based on ethics, rationality and fairness. How can there be justice if the guiltinessy go free or if the innocent pay for deplorable offenses he or she neer chargeted. In order for this to occur, our legal system must be one that demands absolutely honesty, such as when someone is called to testify he or she is asked, Do you swear to tell the righteousness, the whole truth, and nothing but the truth? If false accusations and false turn out atomic number 18 manifested against the innocent, they will be penalize as if they are guilty (RealPolice, 2000).The place of honesty in a system that promotes justice has sparked a controversial issue among the Criminal Justice world, that honesty could be put on the back-burner when pursuing justice. For example when officers present false evidence to prosecutor in order to have a case against the accused when they believe he or she will not be found guilty. A genuine example of deception by law enforcement occurred in 1993, when Craig D. Harvey a impudent York State Police cavalryman was charged with fabricating evidence.Harvey admitted he and another trooper lifted fingerprints from items the suspect, butt Spencer, affected while in Troop C headquarters during booking. He wedded the fingerprints to evidence cards and later claimed that he had pulled the fingerprints from the scene of the murder. The forged evidence was used during trial and John 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 high standards in moral and ethical behavior.As the law enforcement arm of our legal system, Law enforcement officers take a front-line role in activating the laws our legislators create. If they take hold of those they know are innocent, create fake evidence against the innocent, or other undo the requirement of honest and honorable behavior, they undo the processes of the justice system from the very beginning, and therefore corrupt the whole process (RealPolice, 2000). Honesty and justice are the entities that we depend on to distinguish among right and wrong, healthy and evil, legal and illegal.We depend on justice to keep us guard from evil and allow us to live our lives in harmony and peace, without chaos. check to John Locke (1690), we, as citizens, give up sovere ignty to a brass or other authority in order to receive or maintain social order through the rule of law down the stairs the Social Contract Theory. Crime pull wires and collectable process forges are two competing systems of values operating within criminal justice, the tension between the two accounts for the conflict and disharmony that now is observable in the criminal justice system (Hoffman, p. 12, 2000).Although they are both different systems both feign the way our judicial system is ran. When comparing the due process and crime simpleness models, it should be kept in mind that proponents of both models compact constitutional values (Hoffman, p. 11, 2000). The concept of Crime Control sit around is to get the criminal off the street and to protect the innocent. The Crime Control bewilder could perhaps be seen in a negative mannerism due to the fact that it assumes the alleged criminal is guilty even before they tread 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 alleged criminal through the system with the forethought that everyone is guilty until proven otherwise, and also limits the mensuration of plea-bargaining and appeals. The main objective of the criminal justice process should be to strickle the truth or to establish the guilt of the accused (Hoffman, p. 11, 2000). The Due Process Model resembles an obstacle course (Zalman, p. 13, 2002). This system is far more true-to-life(prenominal) in the fact that it leaves room for error. It does not automatically assume that the alleged criminal is guilty before the case is proven.This system does not essential to risk prosecuting an innocent person (Zalman, p. 13, 2002) it demands the prevention and elimination of mistakes to the extent possible. The Due Process Model is said to be suspicious of those who are world-beater hungry and merely looking to convict. The difference between th e two models in this sense is that the Crime Control Model is based 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 reason that this is believed is because it is mat that errors are the cause for an invalid 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 conspiracy to commit the Tate and LaBianca murders, carried out by members of the group at his instruction. He was convicted of the murders themselves through the joint-responsibility rule, which makes individually member of a conspiracy guilty of crimes his fellow conspirators commit in furtherance 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 assist a woman to get an miscarriage violated her due process rights. The Court held that a womans right to an stillbirth fell within the right to privacy protected by the 14th Amendment. The decision gave a woman total autonomy over the maternalism during the first trimester and defined different levels of state interest for the second and leash 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 trust 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 p rinciples of the resoluteness of Independence (Hoffman, p. 1, 2000). Too bad the two models cannot come together to stage a model that would work for everyone. References (1993) Police Investigation Supervisor Admits Faking Fingerprints The New York Times Retrieved March 7, 2010 from http//www. nytimes. com (2000) Honesty in the Justice System RealPolice Retrieved March 7, 2010 from http//forums. realpolice. net Hoffman, D. (2000) Great Debate in Criminal Justice Should the Crime Control Model or the Due Process Model rule 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 Government 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) summary of the Crime Control and Due Process Models Criminal Procedure character and Society Retrieved March 7, 2010 from http//www. associatedcontent. com