Adequacy Of Crime Control In The Uk Criminology Essay

Adequacy Of Crime Control In The Uk Criminology Essay Analyse the adequacy(sufficient to satisfied or meet a need) and relevance(relation of something) of the crime control and due process models for understanding criminal justice, with reference to the jurisdiction you are in and/or England and Wales. For discussing this question we should first tell what criminal justice system is and how it does works. A Criminal Justice system is a set of legal and social institutions to ensure the implementation of criminal law with a set course of rules and regulations . The system of criminal justice is directed at controlling and mitigating crimes, punishing the offender and providing safety to the society by the help of the government. Today its one of the major concerns of the general public. Fruitfully criminal justice is a behavior that changes with the change in different aspects of the society and varies with space and time(Black, 1976). A lot of agencies namely the Police, the Crown Prosecution service,judges,juries,lawyers. courts etc. are working together to reform and improve the Criminal Justice System (CJS). The main challenge was that of making the prisons system and the processes of dealing with prisoners more better and efficient .Only to criminal justice process a number of government departments agencies and other departments make contributions which sometimes can be conflicting. Maintaining a level of deterrence in the society that can stop the violation of law by punishing and convicting those who are guilty and deliver justice to the society is the sole purpose of Criminal Justice System. One of the reasons which has made this system more prone to criticism is due to the recent modifications made to it with the amendments made to the areas that are more concerned with the proceedings of these crimes.Every citizen has the right to be safe and is always eager to know that whether the criminal will be brought to justice or not.punishing the offender can increase public faith.CJS also aims at practicing fairness in the system fair treatment to everyone. A few societies have been able to setup criminal justice institutions that practice equality,fairness and openness (Prillaman 2000; Solomon and Foglesong 2000; Ungar 2002). The local criminal justice board led on reducing crime and administering justice on local basis. The crime levels have been increasing, which leaves the subject even more criticized however there exists a mistrust of justice for those who believe that the innocent people are being punished and the guilty people escape. Mostly justice systems that practice secrarcy, brutality and arbitrariness are in a society that is under authoritarian regime (Smykla 1989; McElligott 1994; Shelley 1994; Trevaskes 2004). We will examine how the CJS works and focus on the crime control model and due process model. Its theories and models are are identified following. Due process model: it can be said that the current system in UK is a element of the Due Process Model. The Model looks very much like an obstruction route. Each of its succeeding stages is planned to present frightening impediments to carrying the accused any further along in the course. this was created by the American Commentator Herbert Packer in 1968.the primary social goal of the model is Justice and there is an emphasis on fairness and procedural due Process. Basically the model insists on the avoidance and removal of mistakes to the level possible, a process of evidence gathering and dealing with suspects that are needed to protect the accused. The crime control models primary goal is to control crime and punishment of offenders, focuses on ensuring that the police get the convictions in courts. It emphesises on the responsibility of an individual to protect the citizens of the society that abide by the law by apprehending and punishing the criminals (Pecker,1968), David Bunkett was responding to a journalists question concerning the Prime Ministers speech regarding a move towards Crime Control Centered Criminal Justice System, on BBC News. One of the major and most disturbing problems of the Crime Control Model is the miscarriages of justice The rest of models like the The restorative justice mode, bureaucratic model ,A medical model, social integration and exclusion model and status passage model requires no discussion yet. Here the main models of crime control and due process will be discussed that are considered as two different ideal types of criminal justice.Protection of the innocence and elimination of crimes from the street is the main role of crime control.While comparing both models it should be borne in mind that proponents of both models embrace constitutional values. According to the crime control model repression of criminal conduct should be the vital purpose of the criminal process and that justice should focus on upholding the rights of victims rather than those of the accused. Based on the concept of police fact-finding it treats the alleged criminal as guilty. This therefore, shows a negative mannerism of the crime control model. Now coming towards the latter goal, in the due process model the focal point is the assumption that a person cannot be deprived of his liberty or rights unless the relevant legal procedures and safeguards are adhered to. Those who believe in harsh approaches towards criminal activity may be classed in favor of crime control whereas those against the notion of state intrusions and harassment of the accused tend to value the due process model. There seems erratic swings in crime control in some societies (Rose,2000). On the other hand, the due process model rests upon the principle of legal guilt and the presumption of innocence. After scrutinizing both the models it appears that much depends on the political climate of a country on what model to adopt. It follows that the crime control model mirrors the conservative ideals while the due process thereby reflecting liberal views. During the 1960s the system was manipulated by the policies of the due process. However, when conservatism dominated from the mid 1970s to the early twenty-first century the criminal justice system took the shape of the crime control model.The most important breakdown that is also considered as the failure of law enforcement is bringing criminal conduct under strict control that vanishes an important condition of human freedom. Successful operation of this model must result into a strong rate of apprehension and conviction. Secondly it has to be done in a manner that although the resources are limited still a very large m agnitude can be dealt with.According to Paul Roberts by far the most important function that has to be performed by the criminal process is based on the proposal of forcibly subjugating crime conduct which is the basic of crime control model. A properly criminalized conduct is the dependency of this model. Punishing the guilty and freedom of the innocenct is the aim of both of these models. Here it should also be mentioned as Zander points out that there are so many important current developments affecting criminal justice that it is difficult to keep abreast of them and even more difficult sometimes to be sure whether they are to be welcomed or deplored .A number of miscarriages can be seen in justice that are rapidly increasing. The three great IRA cases are have gathered a lot of interest and highlighted problem of miscarriage of justice. The Guildford four, Derek Bentley, Birmingham six , the Maguire seven, Judith ward and Bridgewater four. In all these cases later Royal commission found them innocent and before that people served long time in prison for wrongly being accused.. The defendants had their convictions quashed by the court of appeal. The structural reforms purposed and accepted by both the May inquiry into the Guildford four and the Runciman commission, which reported in 1993. In case of Birmingham six, where Defendant was beaten up after arrest and forced to confess. Lord Denning held that the police were guilty of perjury; that they were guilty of violence and threats; that the confession was involuntary and improperly admitted in evidence; and that the convictions were erroneous ,Lord Denning held à ¢Ã¢â€š ¬Ã‚ ¦that the police were guilty of perjury; that they were guilty of violence and threats; that the confessions were involuntary and improperly admitted in evidence; and that the convictions were erroneousà ¢Ã¢â€š ¬Ã‚ ¦ in the case of Cardiff three, where d was held for murder of a Cardiff prostitute and later the convictions were quashed on the basis of the fact. The Lord Chief justice held that the techniques of interrogation used by the police amounted to an oppression of s.76 of PACE. Case of M62 bombing, where d was convicted of murder and causing an explosion. She did not appeal. Her convictions were quashed. Her personality disorder which rendered her confession unreliable. Tottenham three, d was convicted of murder of a police officer. their appeal was unsuccessful. However Home Secretary referred their case back to CA and their convictions were quashed. And Confait, (which resulted in the royal commission on criminal procedure)the d confessed to a crime that they had actually not committed ,similar problems with confession evidence occurred. the common element which was found in these cases was confession from the suspect and its clearly seen how the police has abuse their powers to arrest the victim bringing them to justice thus taking away the rights of innocent party .one thing we should mention is the Royal commission on criminal justice which was set up by the Home Secretary on the day when Birmingham six was released. It was served by the Lord Runciman and its report was published in 1993.the reason was to examine the reality of the criminal justice system. The report was for securing the convictions of the guilty, which contained disclose of evidence by prosecution and defense and unsupported confession evidence.

Pilgrimage of Grace Dbq Essay

The Pilgrimage of Grace was a religious uprising in York, England which started in late 1536 and finished in early 1537, where people lead by Yorkshire lawyer Robert Aske staged protests and demonstrations in opposition to King Henry VIII’s dissolution of monasteries and break from the Catholic Church. This rebellion was mostly aimed at Thomas Cromwell, who was Henry’s High Chancellor; and many of these marchers influenced Cromwell’s policies. The participants of the Pilgrimage of Grace had a goal to reinstate the Catholic Church, and a concern of the economic impacts caused by losing monasteries; those who opposed the movement had a goal to punish leaders and anyone associated with the movement and a political concern of losing power for the king. Documents 1, 3 and 5 demonstrate the marcher’s religious purpose and desire to bring power back to the church. Documents 4, 6 and 11 prove the marcher’s concerns about the economic impact that the dissolu tion of monasteries caused. A goal to punish anyone associated with the Pilgrimage of Grace can be found in Documents 8 and 10. Documents 7 and 9 indicate the oppositions’ concerns of the king losing power. Commoners who were a part of the movement participated in protests to oppose King Henry VIII’s new policies. In Documents 1, 3, and 5, the marcher’s goal to reinstate the Catholic Church is evident. Document 1 is extracted from the â€Å"Oath of Honorable Men†, which was taken by marchers for this rebellion lead by Robert Aske, and within this oath, marcher’s state that their purpose for participating in the Pilgrimage of Grace is not for â€Å"worldly gain† (individual gain in terms of wealth, reputation, jobs, etc.), but rather for the better purpose of the â€Å"love of God, for the Holy Catholic Church militant†. In Document 1 there are many religious references which prove that the supporters of this rebellion had an ultimate goal to gain back the Catholic Church, in sentences such as â€Å"Take before you the Cross of Christ, and in your hearts His faith.†- the ultimate message conveyed through this document is that a key goal in the uprising is to protest for the Church and for the love of God, to keep God’s faith and help spread love of God and the â€Å"Cross of Christ† through the Catholic Church. In Document 3, a banner carried by peasant marchers depicting the â€Å"Wounds of Christ† is shown. The focal point of this banner is a heart with 2 hands and 2 feet  protruding out of it which have wounds to represent the 5 wounds that Christ had when he was crucified. This banner is representative of the Christian religion and has a very religious point of view to show that marchers were fighting in Christ’s cause for restoration of the Catholic Church. Other specific symbols on the banner such as a communion chalice (with a halo on top showing holiness and god-like qualities) symbolizing members of the clergy (those who pray), a plow symbolizing the commoners (those who work), and a cattle (hunting) horn symbolizing nobles (those who fight) signified that the Pilgrimage of Grace affected a wide variety of people, and several different social classes were on board with the movement. From Document 5, taken from selected articles from a petition (Pontefract articles) presented to members of the King’s Council, one specific article in the petition written by Robert Aske (leader of the Pilgrimage of Grace) addresses the king and outlines specific points/goals of the movement in terms of reinstating the Catholic Church; Aske â€Å"beseech[es]† the â€Å"Sovereign King† to â€Å"have the supreme head of the Church be the pope in Rome as before†. Since the pope in Rome during this time period was known to be Catholic, the marchers support him being reinstated as the head of Church. Also, punishments for heretics are mentioned in â€Å"heresies†¦annulled and destroyed† and â€Å"heretics consigned to punishment by fire†-heretics are professed believers who maintain religious opinions contrary to those accepted by his or her church, the mention of punishment for people who reject the faith of the Church proves that religion was important to the marchers, and therefore reinstating the Catholic church and restoring their faith was of utter importance. Within this document grouping, Document 1 is unreliable due to bias. In Document 1, since it is extracted from the â€Å"Oath of Honorable Men†, the source is biased because this oath was required for marchers to take if they wanted to be a part of the movement; therefore we are not surprised that the marcher holds these opinions because if they wished to participate in the movement but did not necessarily agree with every statement said within the oath, they would have no choice but to repeat it due to pressures from other marchers and desire to fight in the uprisings for several other reasons than simply to reinstate the Catholic Church. Participants in the Pilgrimage of Grace had many concerns about this negative  impact that the King’s actions were causing. In Documents 4, 5, and 11, the shared concern of participants was for the negative economic impact of the dissolution of monasteries, caused from King Henry VIII’s break from the church (since the Church did not allow him to have his marriage annulled). Document 4 is a source from a Marcher’s ballad; it expresses participant’s concerns of the economic impacts of losing monasteries during to the 3 or 4 lines of the ballad, stating â€Å"†¦robbed, spoiled and shorn of cattle and corn, houses and lands.† These lines signify concern of economic impact since due to King Henry’s actions, the monasteries which were â€Å"held in bonds† by the church are removed and therefore the people who held the land are robbed of their houses and land as well as other resources that they would use to gain profit and contribute to the economy, such as their crops (â€Å"corn†) and their livestock (â€Å"cattle†). Document 6 extracted from a pamphlet does not directly address the economic concern of losing monasteries, but indirectly does when the source says that the â€Å"current Parliament has no authority or virtue. It is little more than a council of the King’s appointees. â€Å"-this signifies the concern that since the parliament is ruled by the king and do not â€Å"speak on [it’s] own behalf†, instead it is a parliament â€Å"where men may not speak of the King’s vices but only say what Cromwell says is right†, and this means that the participants of Pilgrimage of Grace are afraid of what the current parliament will dominate. Since parliament and the King controlled the economy, the source shows that it is concerned that due to the changes the King made (like removing monasteries) the negative impact could affect things like the economy, and â€Å"knights and burgesses† or â€Å"counties and towns† will just go by what Cromwell (secon d to the King) and economy will be negatively impacted because all decisions in parliament are based on Cromwell or the King’s opinions. In Document 11 given by the leader of the movement, the economic concerns due to losing monasteries are evident. The source, Aske, explains how monasteries in the north used to give â€Å"great help to poor men and laudable service to God.† But since they were removed negative things have occurred, â€Å"farmers rent out farms and taverns for profit† instead of utilizing their own land to make a profit and contribute to the economy. Also, the source explains that â€Å"any monies earned from abbey lands are now going to the King† meaning that any small profit made goes directly to the King, so obviously the economy is impacted negatively. The  source describes more negative impacts on the kingdom, like the tenant fed and aided by abbeys (monasteries) â€Å"can barely live†, beggars and travelers have no help on roads and things maintained by monasteries for the benefit of the commonwealth like bridges and high walls are unattended. Document 4 is very reliable because it was written by Catholic monks who lived in an abbey, which shows that they have witnessed the effects of the economy on people living on monasteries firsthand-and they have experience which helps them to be reliable since they also inhabited abbeys in monasteries. Document 11 is a biased source that is not fully reliable because the leader of the Pilgrimage of Grace, Robert Aske, wrote it as a testimony shortly before he was executed. It is not surprising that Aske holds this opinion because he founded the movement, and therefore strongly disagrees with any changes that King Henry made (removing monasteries)-especially in this document he goes to great lengths to explain how negatively impacted the economy is due to dissolution of monasteries- it is not completely reliable since Aske was not a part of monasteries so he didn’t experience any of the impacts first hand, he just observed the damage around him. People against the Pilgrimage of Grace had goals against the movement, since they supported the King. In Documents 8 and 10 the shared goal between those opposing the uprising was to punish anyone associated with the movement. In Document 8, although there are no direct quotations from the source proving that the person wanted to punish participants in the movement (and this document is pro-pilgrimage), the source itself was taken from a captive of the Tower of London where he was most likely tortured- this source proves that the opposition believed that the Pilgrimage was treason and by using imprisonment and torture methods in the Tower of London they were trying to coerce Nicholas Leche (the source) into admitting it, and therefore punishing him since he as a parish priest; this is also linked to Document 10 where 80% of the clergy were convicted of treason. Document 10 demonstrates that the opposition to the movement wanted to punish everyone associated with the pilgrimage, since members from every status (gentlemen/nobles, clergy, and commoners) were all tried, and for each more than 50% were convicted of treason. The clergy in particular with 80% convicted shows the opposition’s goal to punish supporters of the  pilgrimage, since because it was an religious uprising it makes sense that more religious people like the clergy (those who pray) would be convicted. Document 8 is not a reliable source because it was taken from a Catholic parish priest (someone who would most likely believe strongly in the movement and be against the King due to break with the church and dissolution of monasteries). Also, since Nicholas Leche (source) was in the Tower of London, a building where they tortured, imprisoned, or killed high profile/highly dangerous men (to English monarch), he may have been forced into saying things like â€Å"it was treason† and â€Å"the gentlemen could have stopped the rebellion then†. Those who opposed the Pilgrimage of Grace were faced with many concerns. One primary concern for the opposition was that they would lose power for authority or for King Henry VIII, which is demonstrated in Documents 7 and 9. Document 7 from a pamphlet, expresses the general idea that if the Pilgrimage of Grace succeeds and the king is no longer in charge the kingdom will fall in to chaos because there will be no order, the source says â€Å"When every man rules, who shall obey?† meaning that no King leads to no obedience to anyone else. By arguing that having a king is â€Å"not only expedient, but also most necessary in a commonwealth† , the source shows its concern that the King will not have power after the movement, since there is an underlying tone of the source trying to persuade readers into believing the king is best since â€Å"the better [should] rule the rest† to convince them to obey the king (instead of him losing power). This relates to Document 10, extracted from a pardon. This document is almost a silent plea for marchers to obey the king, with an underlying message of concern that the king will lost power after the movement; this is why the source is trying to twist around the situation and make it seem like the marchers are lucky to be granted this most â€Å"gracious pity and mercy towards you and to grant you to you his free pardon†, as long as the marchers â€Å"heartily repent offenses and make humble submission to his highness.† Document 7 is not a reliable source due to bias; since the writer of this source is Richard Morrison, a writer hired by Thomas Cromwell he is very biased because he is hired to express the ideas of Thomas Cromwell who was second to the King and who strongly opposed the pilgrimage. Therefore, even if Morrison supported the pilgrimage  he would not be able to express his ideas, since his writing would be passed on to Cromwell, then passed on to the king, and obviously Morrison would not want to be punished for opposing such high authority. Overall, the Pilgrimage of Grace of 1536 was an important historical event during the reign of King Henry VIII, where there were both participants and opposition for the movement. Participants strove to reinstate the Catholic Church and were concerned about the economic impacts of losing monasteries, while opposition of the pilgrimage had a goal of punishing people associated with the movement and a concern of the kind losing power. Through examples in documents presented in our document set, as well as bias/reliability analyzed, the goals and concerns of both participants and opposition of the Pilgrimage of Grace are evident.

What You Dont Know About Good Argumentive Essay Topics Could Be Costing to More Than You Think

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Dr. Abbott And The Prime Ministers Of Australia - 977 Words

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