Balancing Due Process and Crime Control Analytical Essay by Nicky

Balancing Due Process and Crime Control
An analysis of the due process and crime control considerations in the administration of criminal justice in the United States.
# 146814 | 2,633 words | 9 sources | APA | 2011 | US
Published on Jan 17, 2011 in Law (Criminal) , Law (Constitution) , Criminology (Criminal Justice and Corrections)


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Description:

The paper outlines the concepts of due process and crime control in the United States. The paper offers a look at the evolution of American criminal procedure during the 20th century and shows how it illustrates the development of a balanced approach to criminal justice administration that considers both the due process and crime control perspectives. The paper argues that both crime control interests and the principles of due process represent valid considerations for the administration of criminal justice. The paper considers the practical realities of living in a society where the crime control approach dominated versus a society with excessive emphasis on due process. The paper highlights the much greater importance of the due process perspective, where society avoids the erroneous convictions of a single innocent even at the expense of many failed prosecutions of the guilty.

Outline:
Introduction
Due Process in Contemporary American Criminal Justice
The Crime Control Approach to Criminal
Balancing Due Process and Crime Control in Modern Law Enforcement
Recommendations and Conclusion

From the Paper:

"The principal competing considerations within the realm of law enforcement in society are the benefit of society versus the rights and freedoms of the individual (Taylor, 1980; Zalman, 2008). In that regard, the most effective means of eliminating crime from society would be to ignore the rights of individuals accused of crimes and err strongly on the side of over-enforcement, such as by allowing police to conduct searches on mere suspicion and subjective belief. That approach would simply consider any inconvenience to the innocent and the erroneous punishment of those prosecuted wrongfully as an appropriate price of enjoying the many benefits of a crime-free society."

Sample of Sources Used:

  • Conlon, E. (2004). Blue Blood. New York: Riverhead.
  • Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
  • Friedman, L.M. (2005). A History of American Law. New York: Simon & Schuster.
  • Hendrie, E. (1997). "The Inevitable Discovery Exception to the Exclusionary Rule" FBI Law Enforcement Bulletin (Sep/97). Retrieved March 25, 2009, at:http://www.fbi.gov/publications/leb/1997/sept697.htm
  • Hoover, L. (2005). "The Supreme Court Brings an End to the 'End Run' Around Miranda" FBI Law Enforcement Bulletin (Jun/05 Vol. 74 No. 6).

Cite this Analytical Essay:

APA Format

Balancing Due Process and Crime Control (2011, January 17) Retrieved November 27, 2020, from https://www.academon.com/analytical-essay/balancing-due-process-and-crime-control-146814/

MLA Format

"Balancing Due Process and Crime Control" 17 January 2011. Web. 27 November. 2020. <https://www.academon.com/analytical-essay/balancing-due-process-and-crime-control-146814/>

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