Due Process vs. Crime Control
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In criminal justice system, the police have the duty to protect individual’s life and property. They reinforce states rules and regulation. They arrest and put in custody suspects for a period of time before the start of judicial proceedings. The police have the duty to protect individual’s rights by ensuring fair trial. They present sufficient evidence to proof guiltiness of the suspect and innocence of the complainant. After arrest, the police provide enough security to the suspect in custody. The police also have the duty to prevent crime. In crime control, the police use methods like crime investigation, patrol and guarding among others. The police assist a lot in their involvement in due process and crime control.
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The police have no duty to protect an individual from another. For example, in case a careless driver injures an individual or a suspect kills an informative the police will not be held responsible, because they have no duty to protect. The U.S Supreme Court ruled out that the state has no duty to protect individual’s liberty, life and property against private actor’s invasion. Civilians can not sue the police because of their loss or harm unless they apply the two theories of exception. The police have the duty to protect in case a special relationship exists. For example, while arresting and taking a suspect into custody, a duty to protect exist whether in crime scene, cell or during transportation (Bratton, 2012). In due process, the police play the role of protecting the suspect, while in other cases they present evidence in order to assist the jury to proof beyond reasonable doubt before passing out judgment.
The police play the role of protecting individuals in case of special relationship existence. After reporting a crime, they visit the scene and arrest the suspect. Many Feeral Courts hold that, suspects should remain in police custody before trial. The police put the suspects in cell for at least 24 hours before taking then to court for trials. After arrest, the police protect the suspects against dangers. Members of public kill suspects in some cases and the police provide protection for such suspects. After arrest, suspects hands over their property to the police before entering in a police cell. They hand over cash, watches, electronic devises and other properties. The properties remain in police custody until the suspect provides a cash bill. Suspects of capital crime like murder remain at risk since members of public intent to revenge. The police provide enough security for those suspects to ensure their safety. Killing of suspects prevents justice, and the police ensure that the suspects remain alive through provision of security, food and medical care to custodians (Rivero, 2010).
In the other hand, the police collect evidence and present it before the court. After arrest, the police prepares charge sheet and collects evidence to link the suspect with the crime committed. The evidence helps in determining the guiltiness or innocence of a suspect. The police visit the scene of crime and collects physical and forensic evidence available. They ensure safety of the evidence before handing it over to the court as an exhibit. Due to personal differences, some people file force claims against their enemies. The evidence collected by the police ensures that each person gets a fair trial. The complainant writes a statement presented to the court by the police. The police link the complainant statement with the evidence in order to prove a suspect is guilty. In this case, the police help in making sure each person gets a fair trial. A fair trial ensures appropriate compensation to the complainant and necessary sentence to the suspect if proofed guilty beyond reasonable doubt (Unkelbach, 2010).
Apart from taking part in due process, the police also prevent crime. They plan their operation to reduce intrusion opportunities by perpetrators. The police patrol in the urban and rural areas to maintain security. The police patrols in the streets during night and day time. Police patrol reduces the chances of crime commission by opportunist criminals. Opportunist criminals commit crime when an opportunity arises. Patrols deter criminal from accomplishing their mission. For example, when some criminals want to commit a crime in a certain area, after seeing the police in patrol they will think that they are hunted. Police patrols helps in reduction of crime rate in big cities. Patrol officers respond quickly to the scene of crime, and this reduces chances of perpetrators to escape (Bratton, 2012).
Police officers carry out criminal investigation. After commission of the crime, they visit the crime scene and start up investigation. They cover the scene to prevent members of public from interfering with the evidence. They carry out figure print and forensic tests to identify the perpetrator. Investigation helps in identification of the perpetrator. After identification of the perpetrator, arrest follows. The arrested suspects are taken to the court plus the investigation report, and this help the state in convicting the right people (Rivero, 2010). Criminals fear to accomplish their mission after noticing that the police will carry out investigation and identify them appropriately.
Involvement of the police in due process and crime control is important because it assists in accomplishment of criminal justice system roles. The police mark the start of criminal justice process and their roles determines the progress of the entire system. The law enforcement officers should avoid racism, tribalism and favors while serving citizens to ensure effectiveness in crime control and due process.
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