Criminal Justice System: Crime Control and Due Process

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The dispensation of justice can be perceived as a complicated process, particularly in the attempt to justly punish offenders convicted for committing crimes. While society expects the justice system to be efficient and quick in dispensing justice while handling criminal cases, the rule of law requires fairness in its execution. Ideally, justice and integrity should be balanced, but in the real sense, it has proved to be a delicate affair. It is challenging to discourage crime, punish offenders quickly, and at the same time, ensures that the rights and liberties of the offenders are constitutionally protected. Consequently, Herbert L. Parker, a legal scholar, developed two main models: Due and Crime control process models, which attempt to describe the higher expectations of the justice system of criminals (Parker, 1968). While these two forms have competing ideologies, the justice system of criminals, such as the one in England and Wales, has a way of creating a balance allowing them to work together.

Parker’s models focus on challenging crime and dispensing of true justice. The ‘due process’ models were created to make sure that the constitutional rights of the accused persons were portrayed and that they were allowed to have a fair hearing, mainly through defending themselves in a court of law. In relation to the other model of crime control it was designed to facilitate quick justice process for criminal cases considered weak. As such, the crime control models required the criminal justice system to discard them at the earliest possible chance available (Parker, 1968). This strategy allowed weightier and significant cases to get more attention, and as a result, quick conviction and punishment. Notably, the two models play a significant role in the criminal justice system since they assist in identifying crimes and interpretation of the justice system of criminals.

The dynamic modern world demands a more advanced criminal justice system. New laws are created regularly to cope up with new developments mainly brought about by the rapid advancement of technology and the increased crime awareness. However, the criminal justice system is different from country to country depending on the values, culture, ideologies, and the different laws that each country applies in its governance and establishment of authority. In England and Wales, the justice system of criminals comprises of various agencies like the probation services, police and prisons. The government governs and funds these agencies and has to base their operations on the laid out rules and regulations (Roberts, 2018). England and Wales have a criminal justice system that is established on both the models of criminal process and due process.

Overview of Crime Control

The objective of the model of crime control is to promote efficiency in the justice system of criminals. Crime control process focuses on minimizing crime and control of crime to ensure safety in society and public order. Specifically, the model prefers crime control to individual freedom making it have a conservative perspective. To protect society and ensure individuals feel secure and free from threats of crime, the model advocates for swift and severe punishment for the offending individuals. The justice process in the crime control model is brief: law enforcers identify a suspect, apprehends the suspect, court trial determines guilt, and the guilty individuals receive appropriate but severe punishment in the correctional system. Parker (1968) notes that a plea bargain is typical in the crime control model since court trials are lengthy and more likely to slow down the criminal justice system.

Packer (1968) further argues that the controlling crime as a process is part of the criminal justice system that reprimands individuals branded as criminals in society.  The priority is on the successful conviction of individuals suspected of committing crime even before the courts determine their fate. Further, Parker (1968) explains that the model’s elevated focus on convictions risks the conviction of innocent individuals. Therefore, the model can be perceived as a plan established to punish individuals for setting an example to others with similar criminal intent. So, crime is reduced, and the public gains confidence in the criminal justice system since it appears effective and beneficial to society.

Overview of Due Process

The due process model focuses on establishing a just and fair criminal justice system for everyone and at the same time, protecting the constitutional rights of the individuals from infringements. Unlike the process of controlling crime that is quick, the due process acts as an obstacle in the justice system. According to Yerkes (1964), the protection of the constitutional rights of an individual is given more priority, an approach that makes it have a liberal perspective. Yerkes (1964) further argues that the model of due process depicts that the rights of an individual suspected of committing crimes by criminal agencies cannot be ignored or rejected unless the appropriate legal channels are fully utilized.

Consequently, a suspect charged of a criminal act should still enjoy several rights, and it is the responsibility of the criminal agencies to ensure that suspect enjoys the same. The model appears to have less faith in criminal agencies and portray that there are high chances of erroneous convictions, and the criminal agencies may be corrupt. As such, Parker (1964) prefers this model since it controls the strong powers conferred to criminal agencies and in case of an error or instances of corruption, the suspects have a chance to lay a defend themselves. As a result, the main goal of the model of due process establishing a system that perceives a person innocent until the court of law proves them guilty.

The Criminal Justice System in England and Wales

The justice system in England and Wales utilizes both models designed to respond to criminal activities and consists of numerous agencies mandated to ensure laws are enforced and created by the government. According to Roberts (2018), some agencies are mandated  to focus on the law enforce the law,, the court system and the scheme on crime prevention. These components criminal justice process in England and Wales safeguard innocent citizens and punish those found to have committed criminal acts. More so, the justice system strives to be fair and just. While the aims and objectives of the justice system in England and Wales seek to deliver justice in a way that protects the innocent and punish the offenders, the primary focus is to subject offenders to justice and create reassurance among the public that is safe from criminal elements.

To achieve fairness, the criminal justice system collects fine and supervises community and custodial punishments. Roach (1999) argues that this approach has been effective in reducing crime and enhancing punishments to individuals convicted of committing crimes. According to data obtained from the National Criminal Justice Board, the level of confidence among citizens of England and Wales has increased by 2% from February to June 2010. Also, in 1009, an estimated 39% of the citizens reported more confidence in criminal justice due to its effectiveness and reliability (Roberts, 2018).

According to Roberts (2018), the justice system of criminals is overseen by the National Criminal Justice Board. The board is cross-governmental, and it is headed by the Justice Secretary. The members are officials and ministers from the Ministry of Justice, HM Courts & Tribunals Service (HMCTS), the Attorney General’s Office, the Home Office, and the Crown Prosecution Service (CPS). The police force, crime and police commissioners and senior judiciary members are also represented.

Roberts (2018) explains that when a case enters the system, the accused is charged with an offense by the police, CPS, or any other non-police agencies. The progress of the case is dependent on the nature of the offense. Each case is allocated a specific court date through a judicial function called ‘listing’ that involves the determination of the need and availability of witnesses, the nature and number of parties and the capacity of the court. Offenses categorized as serious are tried in the Crown Court before a judge and a jury while summary offenses that attract lower sanctions are referred to the magistrate’s court. Notably, both the magistrate’s court and the Crown Court have sentencing powers, and the cases can be transferred to either at the request of the accused or the magistrate.

This flexibility significantly contributes to fairness during dispensation of justice. Also, the criminal justice system in these countries offers a degree of operational independence between the different components of the system: the defense, the prosecution, and the judiciary are not allowed to influence each other unduly. Moreover, while the Government and Parliament can influence the criminal system through the creation of new criminal offenses and in the allocation of funding, they cannot influence the court trials of individuals (Roberts, 2018). The judiciary is constitutionally independent of the executive branch of the government.

Conclusion

The justice system of criminals in Wales and England represents a perfect balance of the both models. The success of a justice system is dependent on the perception of the citizens regarding the efficiency and confidence of the system. The model of controlling crime has a quick line which promotes fast convictions for offenders to gain public trust. However, this model is prone to unfair hearing since the rights to a fair trial for the defendants are jeopardized. On the contrary, the due process looks at the constitutional rights of the suspect, slowing the dispensation of justice.

Nevertheless, the due process compensates this obstacle by ensuring that the suspected offenders have a right to a fair and just trial that is free from undue influence or corruption. Moreover, England and Wales have an established structure under the National Criminal Justice Board, whose main objective is to oversee the criminal justice system. The independent judiciary further protects the criminal system from government’s influence.