Free Essay About Criminal Justice System Models

Post No. 1

There are some points in this post that I cannot agree with. First, I agree that at present the US operates more under a crime control model of the criminal justice system. This observation can be justified by statistics showing plea bargained convictions constituting more than 90% of total convictions on both the state and federal levels (Durose and Langan 2007; (DOJ 2014). Even Haley and Bohm (2014) pointed out the fluctuation in models that change with changes in political regimes. I do not agree, however, that the crime control model is the better option. Swiftness is ideal, but swiftness for swiftness’ sake should not dominate the criminal justice system because this would sweep under the rug the basic tenets enshrined under the US Bill of Rights. The dominant concern in plea bargaining is ‘speed and finality’ in resolving cases (Haley and Bohm 2014), not the disposition of justice. Plea bargaining may be the perfect mechanism for achieving the goal of crime control model (Haley and Bohm 2014), but is it the ideal instrument for attaining justice? I doubt that this is the case.

Post No. 2

I agree with most of the points made in this post. The primary goal of the crime control model is speed in resolution of cases (Haley and Bohm 2014, p. 15), but speed is only one component of justice and is not the primary one. The disposition of justice basically requires that the most accurate judgment is rendered after giving both parties the opportunity to present their case. The determination of both factual and legal guilt (Haley and Bohm 2014) is the essence of our criminal justice system. As this post points out, the crime control model makes assumption of guilt from the mere fact of arrest and police custody (Haley and Bohm 2014). The due process model, on the other hand, takes into account human error (Haley and Bohm 2014) and as I said before, is the reason why it is the better model.

References

DOJ (2014). “United States Attorneys’ Annual Statistical Report: Fiscal Year 2013.” Department of Justice. Retrieved from www.justice.gov/sites/default/files/usao/legacy/2014/09/22/13statrpt.pdf
Durose, M. and Langan, P. (2007). “Felony Sentences in State Courts, 2004.” Bureau of Justice Statistics. Retrieved from http://www.bjs.gov/index.cfm?ty=pbdetail&iid=909
Haley, K. and Bohm, R. (2014). Introduction to Criminal Justice. McGraw-Hill Humanities/Social Sciences/Languages.