Due process Model

Due Process and Rehabilitation

- An uneasy alliance - Due Process believes in treating all offenders the same. (Equal Treatment) Rehabilitation believes in treating each offender as an individual.

What does it focus on?

- Focus on fairness as its primary goal - There should be a burden on Criminal Justice to be error-free because of the negative consequences of being convicted of a crime

Rehabilitation

- Instead of punishment, criminal offenders should receive treatment - Treatment is determined on an individual basis - Treatment could be education, counseling, AA, NA, job training, etc. - Incarceration needs to be limited because it severely limits the options available to offenders and makes crime a more viable option

How is justice determined?

- Justice is determined by following a process rather than fact-finding alone - legal guilt, not factual guilt - Equal justice for all regardless of age, gender, ethnicity, race, social class, social status, etc.

What rights do we have?

- The protection of the Due process rights guaranteed by the U.s. Constitution does not extend to state and local criminal justice systems unless the U.s. Supreme Court incorporates the federal rights defined by the U.s. Constitution - to incorporate is to grant rights defined by the U.S. Constitution to the citizens of a state

What is the role of the police?

- There must be limits placed on police powers Police are the gatekeepers of the Criminal Justice system There is a tendency to assume if you arrested, you must be guilty

Legal guilt

- proof of criminal liability beyond a reasonable doubt by admissible evidence within a court of law - the prosecution can prove the accused committed the crime without violating the defendant's rights

Recidivism rate

2 out of 3

2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. - right to own a firearm

Presumption of Innocence

Criminal defendants should be presumed innocent and the courts must protect suspects' rights - The CJ system should be designed as an obstacle course to prevent innocent people from being convicted and guilty people having their rights violated - it is better to let guilty people go free than to convict the innocent - the central premise of due process rights is the presumption of innocence. It is the most important principle of the due process model, requiring all accused persons to be treated as innocent until proven guilty in a court of law.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws - Extends Federal Rights to States

How does the due process model unfold?

Each stage of the due process model is designed to obstruct the movement of suspects further along the justice process, because the due process model recognizes the role of human error in the criminal justice system

4th Amendment

Freedom from unreasonable searches and seizures - limits on Search and Seizure

8th Amendment

No cruel or unusual punishment limits punishment

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process - spells out Due Process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person - outlines trial rights

positivism

a scientific approach to knowledge based on "positive" facts as opposed to mere speculation - Stresses that crime is not a result of individual moral failure, but is driven by social influences - in other words, people do not have absolutely free will. Instead they choose from a limited selection of options - To reduce crime, society needs to reduce the social influences that encourage criminal behavior and expand the options available to people - Sociology and Psychology are positivist disciplines

Due process model

means that every defendant is given procedural rights in criminal cases and receives fairness and equity while being processed through the criminal justice system

Factual guilt

refers to whether the defendant actually committed the crime