Question one
The Crime Control Model is a justice system that focuses on keeping criminals away from the society so that the innocent feel safe. This model proposes that a criminal conduct should be put under tight control and laws be enforced to the later. According to Cole and Gertz (2003), if laws are not enforced, the innocent will fall prey to invasions as criminals breach the laws, the Crime Control model lays emphasis on the ability of investigators and prosecutors, based on their distinctive skills; to press charges against a suspect.
According to Cole and Gertz (2003) Crime Control Model is conservative in nature; it forbids illegal arrests, coercive investigations and unreasonable searches. On the other hand, the Due Process Model proposes that every person has exclusive rights and freedoms that cannot be violated without clear legal procedures. It lays more emphasis on the rights of a criminal suspect other than the investigative and prosecutorial procedures. The aim of the Due Process Model is fact-finding. Unlike the Crime Control model, the Due Process Model engages a legal counsel since it advocates for constitutionally legal rights of a crime suspect.
The Crime Control Model asserts that the key function of the criminal justice system is to repress crime as order is prudent in any given society. On the other hand, the Due Process Model is of the assertion that the most important function of the criminal justice system is to ensure fairness under the law.
According to Cole and Gertz (2003), the Crime Control Model is of the ideology that the victims’ rights should be protected over the defendants’ rights; while the Due Process Model emphasizes on protection of the suspects’ rights over the victims’. The Crime Control Model is of the thought that police officers should be empowered farther to make arrests, search and convictions more efficient. On the contrary, the Due Process Model states that the powers of police officers should be limited so as to minimize the cases of official oppression.
While the Crime Control Model proposes that the legal technicalities that hinder crime repression should be eliminated, the Due Process Model is of the idea that the criminal justice authorities should be accountable to fashionable procedures that uphold fairness in consistency with the criminal justice process.
Under the Crime Control Model, a suspect is presumed guilty before an actual investigation to gather facts; the objective of the model is to gather facts and prove the accused to be guilty. The Due Process Model asserts that the government should not hold anyone guilty until the legally right procedures are followed in fact-finding.
However, according to Cole and Gertz (2003), as much as these two models contradict they have some similarities. It is on a common ground that the two models embrace constitutional values. The models share the ideology that the police and the prosecutors should not work against any persons unless they have enough evidence to prove the suspects guilty. Also, the two models are of the belief that there are set standards on what behavior could be deemed necessary for a prosecution. According to Cole and Gertz (2003), these common grounds are of significance as they provide a basis for judging the best model on value basis, where the two draw depending on political regimes, as in the 1960s the regimes were liberal favoring the Due Process Model over the Crime Control Model, which took root in the 1970s.
Question Five
In the year 2010, the Supreme Court ruled that it was a fundamental right to the citizens of the United States of America to bear guns. According to Cole and Gertz (2003), the Federal rules that regulate the ownership of guns makes the gun control policies sound. These safety rules keep away guns from people convicted of a felony and those deemed to be irresponsible such as children and the mentally sick.
The gun control policies not only exist to prevent crimes, felons and the mentally ill, but also to prevent cases of domestic violence where wives and husbands could use a weapon to threaten or intimidate each other. These policies have had excellent results as they have satisfactorily reduced cases of crime and felonies in the cities and states of America. Cases of student-shooters have sharply dropped because of the implementation of these Gun Control Policies by the Federal governments.
A recent case that decided on the right to keep and bear guns was that of McDonald versus the City of Chicago, Illinois, on June 28 the year 2010. The Supreme Court of the United States of America, through a vote by the judges made it legal for the citizens of the United States to keep and bear guns. Reference was made to the case of the District of Columbia Versus Heller, 554 U.S 2008 where the court ruled that the Second Amendment protects the right of citizens to keep and bear guns for the purpose of self defense. This saw a law that banned the possession of handguns in Columbia District struck down.
The Supreme Court also made a ruling on 15th December 2013 allowing Bruce Abramski, a former policeman the right to buy a gun for his uncle who was defined as a law abiding citizen.
The rulings on gun control policies by the Supreme Court of the United States of America impacted to several state laws including Texas.
Through the rulings, guns became accessible to the majority of the states’ residents. Children could gain access to their parents’ weapon and cause serious damages. This is better explained by a sharp rise in the school-shooting incidences. Schools in Texas State are high ranking when it comes to guns in school. Cases where students maim, injure and threaten their fellow students are on the increase. Cole and Gertz (2003) partly attribute this to the rulings.
Initially, when the state governments were in charge of regulating the people who were to own guns, the streets of Texas were peaceful. However, after the rulings, which saw the Federal governments take charge, Texas has witnessed many daring assaults of carjacking to theft in malls and shops. This is because majorities of the jobless youth who are mentally fit and have no previous records of conviction have gained access to the weapons. Some gun owners in Texas have also complained about theft of their guns. This only increases the chances of crime with the wrong person getting convicted.
Cases of drug trafficking have also increased, the weapons are being used to intimidate federal police and innocent civilians who could otherwise have reported the cases to the relevant authorities. The 2008 Supreme Court ruling has also had effects to the defensive gun use. Initially, it was the Federal Police to defend citizens; we also had the National Rifle Association which had gun rights. However, currently the civilians also have the same rights as special and trained groups.
Reference
Cole, G., and Gertz. M. (2003). The Criminal Justice System: Politics and Policies. Florida: Wadsworth.
