International and comparative criminal justice Essay

International and comparative felon justice - Essay ExampleThis is the way things should be. It is unacceptable for the police to contaminate certainty or obtain it through duress. However, its actual exclusion should rest at the discretion of a judge. This is the correct impartiality and is followed in many common law jurisdictions, while it is less prevalent in civil law jurisdictions. In the course of this essay the rationale for this rule go out be examined as will a number of cases and statutes relating to it. It is first important to discuss context. Crime has been an unfortunate aspect of human existence from the beginning of time. Each civilization and country has had to come across a method for dealing with it within their own moral vision. Different approaches to dealing with crime come from distinguishable values clays. Everyone is different and believes in different things. For people that believe a criminal is a product of his environment and is not personally res ponsible for committing of crime, it is likely that resources will be used on rehabilitation and treatment. Imprisonment will play a less important role. But for those who believe individuals are responsible for the things that they do and that if they intend to commit crimes they should be punished, the emphasis is likely to be on punishing or detaining the criminal. These different values play a role in determining how enjoin is excluded. These dickens ways of dealing with crime can be broken up into two models. One will be likely to exclude contaminated leaven in order to preserve the human rights of the criminal, the second model would be much less likely to exclude evidence1. The first is the famous collect serve up model present in most developed countries. The main idea of this model is that an individual should not be deprived of their human rights, even if it is happen that he or she has committed a terrible crime. To put someone in prison is to take away the criminal s right to liberty. That is a very serious thing. The process must be scrutinized to ensure that everything is done by the book. At its heart the due process model is the idea that the system would rather see ten guilty people go free than one exculpatory person in prison. The result of this model is many hours of conscientious work checking evidence and a long time-line of the court case moving slowly through the system. Because, historically, the legal system railroaded individuals by planting false evidence and by abusing human rights, we must be very careful when examining evidence. Permitting contaminated evidence into the legal system would encourage law enforcement officers to commit illicit acts. The due process model would strongly argue to exclude evidence obtained in the course of an abuse of human rights. The second way of looking at criminal justice regarding evidence is the crime control model. This model puts a high value on locking up guilty people. Its aim is to p rotect parliamentary procedure and it tries to do this by detaining as many people as it can as quickly as it can. Typically, in this model more money is pass on policing and deterring and prosecuting criminals as quickly as possible so that the police and prosecutors can start again quickly on the next group of criminals. If it happens that an innocent person is