Criminology and Criminal Justice

Running head: CRIMINOLOGY AND CRIMINAL JUSTICE
Criminology and Criminal Justice
Name of the Student
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Author Note

1CRIMINOLOGY AND CRIMINAL JUSTICE
Crime may be defined as a wrong committed against society that is contrary to and
punishable by law if committed under certain circumstances. The crime control procedures, the
processing of criminal defendants, sentencing of offenders are closely related to the prohibitions
and guarantees stipulated in the Bill of rights as well as in the interpretation of these provisions
set out by the Supreme Court. The Criminal Justice (CJ) system was made effective with the
establishment of the Bill of Rights, which prevents violation of the rights of the American
Citizens. Two significant models of CJ system include the ‘Due Process Model’ and the ‘Crime
Control Model’. It is said that these two model signifies liberal or a conservative approach to
crime and are two distinct as well as competing ideologies that gives a form to the CJ system1.
The principle of Due Process imply that laws that must be applied equally and fairly to
all the people, particularly, to citizens that are usually accused of committing crimes. In the Dred
Scott Case [1957], 4th, 5th and 6th Amendments to states have been made which incorporated the
‘due process clause’. Although several amendments have been made to the US constitution,
three important amendments that has brought significant changes in the CJ system includes 4th,
6th and 14th Amendments.
The 14th Amendment which introduced the due process clause comprise the right that are
stipulated within the Bill of Rights and hence is applicable to the states as was ruled in Hurtado
v California. The ‘Due Process Clause’ was incorporated in the 14th Amendment, which states
that government must not deprive anyone of liberty, life or property without complying with the
due process of law. The 14th Amendment safeguards the citizens against actions of the local and
state governments.
1 Rossum, Ralph A. American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments.
Routledge, 2018.