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Analyse the adequacy and relevance 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.

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Introduction

´╗┐University of London Common Law Reasoning and Institutions Essay: Analyse the adequacy and relevance 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. Student Number: 100264036 Candidate Number: L2412 Criminal justice system is a system of study and application of laws as means of controlling crime, at the same time ensuring justice is upheld in the process as well. In reality, these two fundamental purposes of criminal justice system often conflict each other when a hard case is presented before the court. The relevance of criminal justice models lie in the core objective of the criminal justice system. For instance, does the criminal justice system in UK aim to sufficiently protect the rights of individuals to a fair trial, or to give absolute attention to public safety and control crime rate. In this research, crime control model and due process model will be studied to show their relevance towards a criminal justice system In the perspective of a crime control model, the failure of law enforcement to bring criminal conduct under tight control is viewed as the primary reason leading to breakdown of public order and a general disregard for legal controls tends to develop. Therefore, the primary objective of this model is as suggested by its name, making the control of criminal activities the system?s priority. This model ultimately maximizes the number of criminals stopped and brought to justice, though at the price of risking crime suspects, innocent or guilty, being maliciously prosecuted due to the model?s upholding of the notion that one is guilty until proven innocent. In practice, the crime control model sees the repression of criminal activities as the utmost important function of criminal justice system and places main attention on the operations of criminal proceedings such as screening suspects, determining guilt, and securing appropriate dispositions of persons convicted of crime. ...read more.

Middle

the article 6 of HRA, if the court allows the legal burden of proof to be shifted from the prosecution to him as instructed by Parliament in the Misuse of Drug Act 1971. As a result, the court decided that instead of imposing a legal burden of proof on the suspect, he was imposed only an evidential burden of proof. Another situation with similar court judgements affected by HRA can also be seen in the case of Sheldrake v DPP (2033). Thus, it can be concluded that while the fundamental values in the present English criminal justice system follow the crime control model, some values of the due process model are still retained by the system, particularly the fairness of trial proceedings which is reinforced by article 3 of the HRA. In Malaysia, the perspective of criminal justice system lies in the due process model, which the fundamental principle in criminal proceeding is such that one will remain innocent until proven guilty. However, like the Misuse Drug Act 1971 in England, various statutes in Malaysia such as the Anti Corruption Act 1997 and Dangerous Drugs Act 1952 will also be able to shift the legal burden of proof to defendants to rebut presumptions of their guilt. In adherence to the rule of law stating that ?no one is above the law?, as government can only legitimately exercise their authority in accordance with due process, the criminal justice system in Malaysia ensures that each criminal is punished in accordance with the law. However, in reality, Malaysia?s criminal justice system lacks efficiency, and there were many notable travesty of justice in the system. The problem mainly lies on the fact that Malaysia has no legitimate form of separation of powers, which sometimes causes Malaysia government bodies as well as even the judiciary to work in favour of each other. Consequently, with the absence of impartiality and independence in Malaysia courts, fundamental justices were sometimes not upheld in criminal proceedings as they were tainted by political influence. ...read more.

Conclusion

justice system to act as a safeguard for the innocents, as well as a form of scrutiny on agents of the system to prevent abuse of powers mainly rooting from crime control. Bibiography 1. WiseGeek, ?What is Criminal Justice?? ? http://www.wisegeek.com/what-is-criminal-justice.htm 1. ?Analysis of the Crime Control and Due Process Models?, 20th November 2005 - http://www.associatedcontent.com/article/14223/analysis_of_the_crime_control_and_due.html 1. CliffsNotes, ?Criminal Justice: Which Model? Crime Control or Due Process? - http://www.cliffsnotes.com/study_guide/Which-Model-Crime-Control-or-Due-Process.topicArticleId-10065,articleId-9911.html 1. Mjodi santoso, ?Two Models of the Criminal Process ( I )?, 18th May 2007 - http://jodisantoso.blogspot.com/2007/05/two-models-of-criminal-process-i.html 1. Answer bag - Some short debates on whether it is worse to send an innocent man to prison, or to let a guilty man go free - http://www.answerbag.com/q_view/295675 1. Free-Essays.Com, ?Crime Control and Due Process? http://www.free essays free essays.com/dbase/7d/smu42.shtml 1. Woolmington v DPP [1935] AC 462 - http://www.justis.com/data coverage/iclr s3540029.aspx 1. R v Lambert [2001] UKHL 37, [2002] 2 AC 545 ? http://www.bailii.org/uk/cases/UKHL/2001/37.html 1. Entick v Carrington [1765] EWHC KB J98 ? http://www.bailii.org/cgi bin/markup.cgi?doc=/ew/cases/EWHC/KB/1765/J98.html&query=entick+and+v+and+carrington&method=boolean 1. Malone v Commissioner for the Metropolitan Police [1979] 2 ALL ER 620 ? http://www.leeds.ac.uk/law/hamlyn/malone.htm 1. Malone v. The United Kingdom [1984] ECHR 10 ? http://www.bailii.org/cgi-bin/markup.cgi?doc=/eu/cases/ECHR/1984/10.html&query=malone&method=boolean 1. Professor J R Spencer, ?Tapping into the telephones?, Lexis Nexis, 4 March 2005 1. Dennis Clark, ?The Impact of Human Rights on Criminal Investigation?, CLRI 2007 Study Pack pg183-198 1. The Lectric Law Library, ?Some Background On The Criminal Justice System Of Malaysia? - http://www.lectlaw.com/files/int15.htm 1. Internal Security Act 1960 - http://www.agc.gov.my/Akta/Vol.%202/Act%2082.pdf 1. Human Rights Commission of Malaysia, ?Review of the Interal Security Act 1960?, 2003 - http://www.suhakam.org.my/c/document_library/get_file?p_l_id=22118&folderId=26482&name=DLFE-1501.pdf 1. Asian Human Rights Commission, ?MALAYSIA: Internal Security Act subverts due process? - http://www.humanrights.asia/news/urgent-appeals/UA000802 1. Sunil Lopez a/l Ceasar Lopez, ?The Internal Security Act 1960: A throw back to the era of tyranny?, The Malaysian Bar, 2008 -www.malaysianbar.org.my/index2.php?option=com_content&do_pdf=1&id=13784 1. Statutory Declaration from Dr. Munawar Ahmad Anees, Published 3rd December 1998 - http://www.c2o.org/malaysia/democracy/reports/981203_stat_dec_munawar_01.htm 1. Operation Lalang revisited: A call for repeal of ISA, Malaysia-today.Net, Archives 2008 ? http://www.malaysia-today.net/archives/archives-2008/16260-operation-lalang-revisited-a-call-for-the-repeal-of-isa- 1. Gobind Deo Case: Double Jeopardy, 14th March 2009 ? http://anwaribrahimblog.com/2009/03/14/kes-gobind-deo-double-jeopardy/ ...read more.

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