Criminal Justice Models, Miscarriage, and Vulnerabilities Analysis

This essay provides a comprehensive overview of the criminal justice system by comparing and contrasting the crime control and due process models. It explores the core principles, objectives, and potential shortcomings of each model, highlighting their respective focuses on crime suppression versus individual rights. The essay then delves into the concept of miscarriage of justice, examining the factors that contribute to wrongful convictions and the consequences for innocent individuals. Furthermore, it analyzes how social vulnerabilities, such as social class, disability, and ethnicity, can influence the treatment of offenders within the criminal justice system, leading to disparities and injustices. The essay emphasizes the importance of a balanced approach that considers both the need for public safety and the protection of individual rights to ensure a fair and equitable justice system. The provided assignment is a past paper available on Desklib.

Running Head: CRIMINAL JUSTICE 0
INTRODUCTION TO CRIMINAL JUSTICE
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Introduction
Through this essay the ‘due process’ and ‘crime control’ models of criminal justice system will
be compared and differentiated from each other and then its miscarriage based upon the
adversarial justice will be seen along with effects of vulnerability on the offenders of different
social class, their disabilities and their ethnicity as a key in making sense of criminal
Justice will be measured. Before starting with comparison and differentiation the basic
knowledge of the two models will be taken into consideration. The justice system of the crime is
really a very complicated one and keeps on changing constantly due to the upcoming new laws
and awareness in relation of the crimes.
Models of Criminal Justice System
In order to judge the effectiveness of all the criminal justice systems or the other matters it’s
important to understand and have a knowledge about the set outs of the system. So Herbert
Packer in the year 1968 identified that there are two different models of crime which provides
variable aims and potentials to the justice system of crime (TEKLU & MOHAMMED, 2012).
The two models comprises of challenging the crime and allowing the rights and justices issues
by the Government. The criminal process has two main models i.e. the crime control model and
the due process where the due process model is that type of justice system which is based on the
principle that all the citizens of a nation has certain rights of which they cannot be deprived off
without any appropriate legislation (Roach, 1973). This process involves both the aspects i.e.
procedural and substantive where the procedural aspect involves fairness in methods which are
used for depriving the person’s life and liberty while the substantive aspect involves the valid
justifications regarding the regarding the life, liberty or property and this process is applied to

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both i.e. civil and criminal laws. For example if a person is charged with a criminal offence then
he has an absolute right to get the notification about the charges he is held up with and then
speedy trial for the proceeding and an opportunity of being heard and represented by an advocate
(Gaines & Miller, 2013).
The key concern of D.P. model are first for providing due process or the fundamental fairness
under the laws. Second is that it must concentrate on the rights of the defendants and not on that
of the victims. Third states that power of the police must be limited for the oppression of the
individuals. Fourth is that the right of constitution is not mere technical government must lay the
rules and procedures for ensuring fairness of the justice process. Fifth is that it safeguards the
innocents from getting convicted from the factual guilt. Sixth point states that only on the basis
of the facts a person cannot be considered guilty by the government, it can only be done by
following the policies and facts of the legislation (SANCHEZ, 2016).
Criminal control model wants to have a focus on an efficient system that suppresses and control
crime in the society and make it safe by creating protected public orders. For the freedom of an
individual controlling of crime is really very important. It is based on the constructive
perspective and awards severe punishments to the offenders, for protecting the society and
making individual feel that they are free from threats of crimes. This model is more likely to take
plea of bargaining so that speedy trials may be conducted (Waldron et al., 2017).
The key concerns of the C.C. model are firstly restraining of crime as its most important function
of the criminal justice system so to have a free and protected society. Secondly that it must
concentrate on freeing and protecting the rights of the victims rather than that of the defendants.
Thirdly it states that the power of the police must be raised for making easier investigations,

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arrests, searches, seizures and convictions. Fourthly the elimination of legal technicalities i.e. use
of handcuffs by the police. Fifthly upon filing of a criminal charge by the prosecutor, the accused
shall be presumed to be guilty and should be arrested by the police with by collecting the reliable
facts. Sixth one states that the main objective of criminal justice process is to discover the reality
and recover the actual guilt by accuse.
The basic similarity between the two models of justice system i.e. crime control and due process
is that they both are comprised of are consisted of challenging crime and sanctioning correct
justice which must to be given to all the people. In short it can be said that that D.P. model was
formulated to provide assured rights of fair trials for defending themselves in the court to the
individuals and the C.C. model was designed for trying and ensuring that the criminal cases
could be dealt and discarded quickly and as soon as possible. This further means that important
and larger cases would be dealt as earliest as possible and both of the two models have a
significant role to play in the criminal justice systems.
Along with the similarities there are also some major differences between the two models and
those are as follows first one is the due process model makes sure that individual’s right have a
fair trial to defend themselves in the court where as the crime control model tries to ensure
earliest or quicker discovery for the weaker criminal cases. Second states that in the D. P. model
individuals are considered innocent by the court until they are proven guilty, whereas in the C.C.
model individuals who are arrested are considered guilty and must be punished by the
government. Third determines that in D.P. model believes that it is very essential to maintain
justice in the society as a policy of criminal justice system, whereas in C.C. model it is believed
that arrest of people brings negative effect and also slower down the criminal justice system’s
process. fourth one is the D. P. model also maintains that for keeping the government in control

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it’s important to prove the guilt of the defendants is the basic right given to all the individuals,
whereas in C.C model there are a lots of costs imposed on the rights of the defendants so the
criminal justice system needs to recruit much more on recruiting the police officers and building
prisons. After criminal justice comes the “Miscarriage of Justice” (Feeley, 2017).
Miscarriage of justice which can also be called as failure of justice and is said to be occurred
when an actual innocent person is declared guilty. This term can even be called as “errors of
impunity” or a complete unfair outcome of a case. At times this term can also be used to describe
the wrongful conviction even after the guilt of defendant may be discovered. Miscarriage of
justice can be derived from the confirmed bias on the investigator part, police or the prosecutor
destroying or withholding or fabricating or editing the evidences or the proofs, biasness or hatred
against the class to which the defendant belongs, misleading forensic tests, due to the pressure of
the police or other weakness delivering false confessions, fraudulent conduct by the judge,
conspiracy between the judges of the court of appeal and the advocates who are holding the case
of the convicted person and calling him innocent etc (Sabra, 2016).
Miscarriage of justice will be followed by the vulnerable situation of the offender which may be
due to his social class, disability or ethnicity. The faulty justice system being governed in the
society and the justice system are creating biasness on the basis of the social class of the people.
Richness and poorness among the people becomes the aspect in course of getting justice. It
becomes really difficult for the people of lower class to attain or get adequate and timely justice.
In this tine it’s the money which speaks and help a person to attain the essential respect and
proper justice in the society. Persons with disability are the ones who have understanding
disabilities, poor mental health or other physical disability i.e. been handicapped are been more
likely to come under a vulnerable situations of the offenders. They are not able to get adequate

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justice due to their disable status by the court of justice, they are being bullied, threatened and
assaulted by the other normal people and justice systems (Cole & Scheck, 2017).
In Greece the refugees, seekers of the asylum and other migrants are considered as disable and
hence they do not enjoy same or the equal access to services, criminal justices systems etc. they
remain unprotected even of their basic Human Rights as compared to thousand other people
living in that nation. Disabled people are left over or dominated in all the fields even at the place
where they work at. In US disparities were created due to race is seen and evidenced since a very
long in its criminal justice system and wrongful confinements in In the case of Pieretti v London
Borough of England (2010) EWCA Civ.1104 it was determined that the duty of equity must be
applied to all the local authorities while caring forward their functions i.e. formulation of the
policies or their application in any particular case. The disabilities of the disabled person must be
given due care and must be provided with the equal opportunity of the justice. African
Americans are mostly traced in the course of murder, sexual assault or drug abuse very high in
blacks as compared to that of whites. Through a report by the National Registry of Exonerations
it was found that the number of innocent black people were seven times more likely to get
convicted for murder as compared to that of the innocent white ones. Biasness in terms of races
of the persons being arrested and also the victims can easily be noticed in the governing systems
i.e. the blacks are considered more likely as compared to that of whites for being convicted of
murders. The black persons are getting more assaulted and getting convicted more easily for all
the crimes such as sexual assaults, murder, misconduct etc. as compared to those of the white
peoples. They faces high danger, are more of threatened, fails criminal justices as compared to
those of the white people (Karen et al., 2015).

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Vulnerabilities caused due to all the disparities such as the social class of the individual, their
disabilities and the ethnic situations faced by the people and the miscarriage of the justice so
faced by those people must be taken care of and proper aid must be provided to such people.
Government must make such rules or take such strict actions that all the people irrespective of
their caste, class, gender, disability or the ethnic position gets equal justice and are considered
equal before the eyes of the laws (Natarajan, 2017).
Conclusion
To conclude it can be said that a good criminal justice system must throw light on both of its
model i.e. crime control and the due process model. It should make sure that none of the innocent
individual must become the victim of this system. It’s a very funny thing that essence of both the
models are different from each other but they form a very good criminal justice system, where
the C.C. model allows the government overcome the existing crime in a society, the D.P. model
are fixed in the criminal justice systems in such a way that they act as a safeguarding measure for
the innocents as well as a form of inspection or survey upon the agents for preventing them to
abuse their power basically from the control of the crime.

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References
Cole, S.A. & Scheck, B.C., 2017. Fingerprints and Miscarriages of Justice: Other Types of Error
and a Post-Conviction Right to Database Searching. A/b. L. Rev., 81, p.807.
Feeley, M., 2017. Two models of criminal justice system: an organizatinal perspectivein crime
law and society. 1st ed. London: Routledge.
Gaines, l.K. & Miller, R.L., 2013. Criminal Justice in Action: The Core. 7th ed. Cengage
Learning.
Karen, B., Garvani, G., Juliette , G. & Kilner, K., 2015. Language difficulties and criminal
justice: the need for earlier identification. Wiley Online Liabrary, 50(6), pp.763-75.
Natarajan, m., 2017. Crime Opportunity Theories Routine Activity, Rational Choice and their
Variants. 1st ed. London: Routledge.
Roach, , 1973. Four Models of the Criminal Process. The Journal of Criminal Law and
Criminology, 89(2), pp.671-716.
Sabra, K.J., 2016. Miscarriage of Justice: Post-Booker Collateral Review of Erroneous Career
Offender Sentence Enhancements. BUL Rev., 96, p.261.
SANCHEZ, , 2016. The Crime Control and Due Process Models. [Online] Available at:
https://openoregon.pressbooks.pub/ccj230/chapter/1-8-due-process-and-crime-control-model/
[Accessed 29 2019 2019].
TEKLU , & MOHAMMED, , 2012. Models of Criminal Justice Systems: the ‘Due Process’ and
the ‘Crime Control’ Models. [Online] Available at:
https://www.abyssinialaw.com/about-us/item/439-models-of-criminal-justice-systems-the-
%E2%80%98due-process%E2%80%99-and-the-%E2%80%98crime-control%E2%80%99-
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Waldron, R.J., Quarles, C.L. & McElearth, D.H., 2017. The Criminal Justice System: An
Introduction. 5th ed. CRC Press.