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Wednesday, September 14, 2011

Essay on Crime Control Model

The crime control model is a criminal justice policy that gives priority on the reduction of crime in society by the strict enforcement of the law.  In this model, the powers of the government are broadened and consequently the law enforcement officers are given increased power to implement the law and the prosecutors are given broad powers to prosecute those who violate the law.  Under this model, the law enforcement is given more power to arrest a person who is found in violation of the law and even search a person who may be in violation of the law.  While the role of law enforcement remains the same the power given to them is broader.  In fact, there could be presumption in favor of the performance of duties by the law enforcement officers and anyone who questions their lawful performance of duties has the burden of proving the same.  There is also less pressure on their part to ensure that in the course of the arrest or search the respect the rights and liberties of the people.  For instance, with the September 11 terror attack, law enforcement officers have been given the power to inquire into bank accounts of individuals suspected of being involved in terrorist activities and to open their electronic communications (“USA Patriot Act,” p.1).   In this model, the law enforcement officers are also given reasonable discretion to go beyond the implementation of the law if reasonable circumstances permit provided that the objective of law enforcement is attained. 

On the other hand, the consensus and due process model gives more emphasis on the respect for the rights and liberties of the people.  In this model, the law enforcement is enjoined to take every step so that the individual rights and liberties are upheld.  In case, they violate these rights and liberties the may be charged administratively or criminally for their transgression.  In this model, the law enforcement officers are not given discretion to go beyond the implementation of the law.

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Prosecutors and courts play a very important role in the crime control model.  In this model, prosecutors have broad discretion in the application of the law when it is necessary to reduce crime.  For instance, in the juvenile justice system once a juvenile commits an offense jurisdiction should belong to the juvenile courts.  However, under the crime control model prosecutors may be given the power to transfer a case involving a juvenile directly to the criminal courts (Kelly M. Angell, 2004, p.133).    

In the same manner, juvenile courts are supposed to have the jurisdiction to try juvenile offenders.  However, in order to reduce crime involving juvenile offenders, it has become the policy among juvenile courts to waive their jurisdiction over juvenile offenders in favor of adult criminal courts.

In a consensus and due process model, prosecutors and courts are not supposed to have broader powers than what the law has given to them.  Thus, juveniles are supposed to be under the jurisdiction of juvenile courts only and any case involving juvenile offenders should be tried by juvenile courts.  

In a crime control model, the purpose of corrections is changed so that the policy of reduction of crime may be achieved.  Corrections are supposed to be a place for the reformation of an offender (Katherin Rogers, 2007, p.4).  They are supposed to be institutions for the correction and rehabilitation of an offender.  They are supposed to help offenders to realize the wrongs that they have done in the past so that when they leave the corrections they will no longer repeat the crime they had done and become law abiding citizen.  However, in a crime and control model, the main purpose of correction is punishment of the offender.  An offender is placed inside the corrections as a punishment for the crime he had committed in the past (Richard A. Lippke, 1999, p.2). 

In a consensus and due process model, the corrections are institutions where an offender is placed so that he may be rehabilitated and reformed.  Its purpose is to correct behavior.  Thus, there are programs set in place in corrections so that the offender will go out a changed and reformed individual. 

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