Another theory concerning justice is concerning about having what one deserves to have. This is the basic principle of what is now known as the theory of “distributive justice”. A more specific form of this theory is the contribution based justice. It states the Marxist principle that it is “just” to get something from everyone with respect to what they can do and give them what you owe them according to what they only need. Other theories talks about giving more benefit to those who are disadvantage.
Nevertheless, the connection of these theories with the justice system is vague, thus it would be best to look at the concept of justice alone. Since, in its own, justice seems to imply fairness, equality and giving someone what is owe to him. It would only be the right thing if justice is done with honesty, since it would give more light on the real situation. Honesty is a good thing indeed, justice is also a great thing, most especially when this two are working in your side.
However, when you have both of this against you, the person found him self in a situation wherein he must lie and commit injustice in able to save himself in the expense of another person. These things happen most commonly in the legal system since most people would like to take advantage over others. The business and political realm is a game wherein only the fittest shall arise. Having this in mind, legal philosophers and thinkers have devised methods to be able to curb injustice and to persecute those who lie. They have devised two models of criminal justice system.
The first of these two is known to be the “due-process” system, while the other one is commonly known as the crime-control model. Both of these two models have been used in the criminal justice system depending on its effects on the crime rates and crime prevention activities. The due-process system is catered under the assumptions that any individual shall not be denied from his basic rights and liberty unless or until the person is proven guilty under the due process of law. In this case, the person who is arrested under this model is still perceived as innocent until the time that the court gives them a guilty verdict.
For instance when the person is arrested, the person is still taken an innocent even there are many evidences that proves that the person is guilty. The only time that the person would be considered guilty is when the court has decided that the person really commits the crime. On the other hand, the crime control model holds that the arrested person is already guilty, since the crime officers have enough capability to distinguish if the person is liable to the crime or not. In the first place, the presumed criminal would not be arrested if the person was not proven, first hand, to commit any crimes.
Since in this case, the person is already considered guilty, it is under his burden to prove otherwise. The people who are arrested under this model, since they are already conceived as guilty are assumed to be punished by the court at once. The due-process model works under a strict compliance with the procedure of police enforcement and it believes in the unbiased judicial process of the law. It generally, upholds the rights of the offenders or the perceived criminals, to ensure that their rights are still protected.
The criminal control model has greater emphasis on the welfare of the larger population than that of the offender. In such case, this model prioritizes crime control as its name implies through the actions by police, immediate sanctions and punishment and eventually persecution. The criminal control model does not approve of the usual police enforcement procedures. According to the supporters of this model, the process of arresting people per se, with all the verification process and the judicial process being too lengthy, only deter the execution of justice.
The supporters of the due-process model on the other hand, have been very supportive of the police procedures, since it helps protect the rights and liberty of those people who are arrested. These models are devised in order to show justice. People, obviously, still differ in their understanding and treatment of justice. If honesty would be assured, then a due-process model is a very good model for the criminal justice system in order to protect the rights and liberty of the person, if so ever, that he was arrested under false circumstances. Police and state officer are fallible and liable to error.
However, if honesty would not be assured, the crime-control model is more apt to use. Since in this model, the criminal, even if he had been able to defend himself through lies, have experience law in its bare sense.
- Acker, J. R. & Brody, D. C. (2004). Criminal Procedure: A Contemporary Perspective. New York State University. Master’s Girl. (2007) Analysis of the Crime Control and Due Process Models.
- The People’s Media Company. Retrieved on November 3, 2007. Retrieved from the World Wide Web: http://www.associatedcontent.com/article/14223/analysis_of_the_crime_control_and_due.html.