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Problems of the Criminal Judiciary

Problems of the Criminal Judiciary. Crime Control V. Due Process. The Courts and Conflict Resolution. Conflict and conflict resolution part of all societies Legal system and the courts are conflict resolution mechanisms Conflict resolution system must be legitimate to be effective.

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Problems of the Criminal Judiciary

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  1. Problems of the Criminal Judiciary Crime Control V. Due Process

  2. The Courts and Conflict Resolution • Conflict and conflict resolution part of all societies • Legal system and the courts are conflict resolution mechanisms • Conflict resolution system must be legitimate to be effective

  3. Crime Control Model • Purpose of CJ is to decrease crime • Crime is result of personal irresponsibility • Quick processing important • Severe punishment deters crime

  4. Due Process Model • Purpose of CJ is to protect individual rights • Crime is result of poverty and disadvantage • Careful processing necessary • Rehabilitation prevents crime

  5. Criticisms of the Courts • Courts don’t serve crime control. • Courts don’t afford due process.

  6. Crime Control Concerns • THE TRUTH IS NOT DISCOVERED, AND MAY EVEN BE SUPPRESSED, BY THE ADVERSARY SYSTEM. • MANY OF THE GUILTY ESCAPE PUNISHMENT BECAUSE OF LEGAL TECHNICALITIES. • COURTS ALLOW THE GUILTY TO GO FREE.

  7. More Crime Control Concerns • LOOPHOLES LIKE THE INSANITY DEFENSE PERMIT THE GUILTY TO ESCAPE PUNISHMENT. • VICTIMS OF CRIME ARE OFTEN IGNORED, OR TREATED LIKE CRIMINALS THEMSELVES.

  8. Crime Control and Fairness • THE RICH GET OFF EVEN IF THEY’RE GUILTY.

  9. Crime Control Not Served • THE SYSTEM IN INEFFICIENT AND CUMBERSOME. • THE COURTS SEND THE MESSAGE THAT CRIME FREQUENTLY GOES PUNISHED.

  10. Due Process Concerns • THE COURT SYSTEM IS CONFUSING, ESPECIALLY TO DEFENDANTS. • DELAYS ARE COMMON. • SENTENCES ARE TOO HIGH.

  11. Due Process and Decision Maker Bias • JURIES ARE NONREPRESENTATIVE, BIASED, AND DON’T UNDERSTAND LAW AND EVIDENCE. • IN SOME CASES, EMOTIONS OVERRIDE EVIDENCE.

  12. Due Process and Fairness • RACISM AND GENDER BIAS ARE COMMON. • THE POOR ARE DISADVANTAGED.

  13. Due Process Not Served • WORRIES ABOUT CRIME HAVE LED TO A SYSTEM THAT DEPRIVES MANY DEFENDANTS OF DUE PROCESS PROTECTIONS.

  14. Class Exercise Crime Control versus Due Process

  15. CRIME CONTROL GROUPS • DESIGN A SYSTEM THAT IS EXTREMELY EFFICIENT. YOUR MAJOR GOAL IS TO FIGHT CRIME.

  16. DUE PROCESS GROUPS • DESIGN A SYSTEM THAT IS EXTREMELY CONCERNED WITH FAIRNESS AND AVOIDING GOVERNMENT INTERFERENCE WITH THE LIBERTY OF INNOCENT PERSONS. YOUR MAJOR GOAL IS TO PROMOTE DUE PROCESS.

  17. On Balance • Pure crime control and due process systems both have significant flaws • Balance between goals is necessary—but not easy!

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