Role of due process and crime control models on criminal procedure

The development of crime and crime control is perceived in increasing opportunies, the system and modernisation of the world. Crime and crime control is seen as a result of poverty, oppression as far as politics is concerned, eploitatio, dependency and inequality. There is an argument that industrialisation and urbanisation have greatly a lot to also with crime due to the fact that the crime and crime control changes are an outcome of internal development influences no matter the place or time.

Developed countries often exploit developing countries due to the fact that these countries depend on them and because of the changes in crime and crime control, the result is usually external influences in the economy politically. Social environment and resources can also be reflected by crime and crime control due to the fact that crime pattern changes with time are as a result of external and internal factors.

Rates of crime like for example murder and theft are seen as overlapping, competing and alternative models. Modernisation and opportunity approaches focus on adaptation processes, industrialisation, Population increase, diversity of culture yet the systems and opportunity of the world are based more on dominant relationships,materialism,hostility and hierarchy. There are two kind of crime and the first one include, control crimes and domination crimes which are usually emphasised on by the capitalist classes.

The second one is made of accommodation crimes, interpersonal violence crimes, rebellion or resistance crimes which are usually common in the low class and working class group and sometimes they are even known as survival crimes. Domination crimes may include those that injure workers and consumers including the public for example things like employee illness, death, corruption, pollution, law enforcement and many others.

Survival crimes may include theft, drug dealing and use, rape, murder, assault, strikes and riots. There are violent crimes which can be as a result of gender relationships because usually men take themselves as superior and dominant as opposed to women and so this may result to the man being violent to the woman and yet these are the kind of cases which are not often reported to the police due to the fact that family or community elders sit down with the couple and try to reconcile them.

Another type of violent crime can be about dowry for women and them being tortured because their family need to bring more dowry and some wives cant stand the pressure and the ill treatment are bound to committee suicide especially in countries like India. A lot of penalties have been attached to the dowry prohibition Act (1961) to prevent all these act of cruelty like suicide arising from dowry. Criminal law and crime are originally from Nigeria when the Lagos constabulary was made to prevent and control crimes at the points where trading was being made at the urban centres.

The British made sure the security of the colonial territory was ok and to make sure that towns and kingdoms were under control. From 1920s to 1960s, crime prevention and control remained in many parts of Nigeria even if the colonial police was being located at the district head quarters. America is very much obsessed with crime due to the fact that it has been rated the nation’s number four problem next to healthcare, economy and unemployment.

People are very dissatisfied due to the fact it has made them change the way they live, work and play. The public has a false conscious about crime due to the depictation of crime on the news, TV, movies and many other means. This also leads the public to exaggerate ill conceive and distort its crime fear. There is what they called the policy plan for Netherlands which was emphasising the importance of differentiating crimes for example petty crimes and crimes which were serious needed a very different approach and being as clear as possible.

This clear identified that ethnic minority groups are responsible for organised crime like drug trafficking and these groups usually have people they know like family members and personal ties with the source countries where these drugs come from. In this case the police and court are to have exclusive jurisdiction and to make the job easier they established special squads to fight organised crime.

There is a different way of dealing with crimes for example the Islam’s shariah cruel and humiliating punishments for example the cutting off of fingers if one is a thieve, stoning those who are guilty of adultery, flogging alcoholics and drug users. But this is found to be a contradiction since their Koran tells them to refrain from doing these actual same acts and it emphasising that those people who are in charge of crime control should be righteous and follow God’s commandments while they are judging and deciding punishment or lese these judges will face punishment in the next world.

Although the Islamic Republic’s constitution recognises dual process principles, it has been condemned by for example in Iran Islamic system doesn’t differentiate between crimes that are political and non political and its standards are not internationally recognised as fair treatment internally. It is also known to deal with white collar crimes in a very lame manner unlike in the western world were dual process and equal protection is ideal although the rich get richer and the poorer.

There is a statement which was made saying that punishment equivalent to the offence committed wasn’t enough for offenders who committed serious and big crimes because this could only make them recommitee more serous crimes and offences. That’s why criminal courts impose further detention and a centre fro treatment for a period of around two years on top of the criminal punishment but as for criminals who are mentally ill, detention in a psychiatric institution is the best.

As for very dangerous offenders, they should be given additional sentence. The role of the victim as a criminal justice gate keeper depends on the measurement of the crime and this helps in improving the victim’s position although some people don’t support this because of this system not being able to respond to the victim’s immediate requirements. The offender-victim relationship has been recently introduced in the adult criminal law although it was only operating in juvenile criminal law.

There has also been the introduction of devices to protect the juvenile sex abuse and rape victim like for example interview conversations on video or television. These victim policies not only protect the victim of the crime but also make the investigation of the crimes easier. Criminal justice is intended for the speeding up of trials and reducing the costs that are associated with criminal procedure. Criminal procedure is greatly influenced by organised crime yet during the 1960s to 1970s; criminal policy was greatly based on maladapted and dissocialised offender.

This criminal offender model doesn’t affect the criminal law and decisions but will affect the prison regimes. It will have more weight on criminal law than justice model or proportionality. The public is responsible for controlling crime by involving people like the chiefs whose work was administrative,religious,judicial,legislative,economical and military . The most important of his functions was the judicial one which where he was settling disputes and making the involved parties reconcile.

The chief depends on the council of elders with him being the president to maintain good security measures. During trial, the quasi procedural system depended on examples, proverbs and axioms which in short were called the proverb law. Due process principle is on threat due to the fact that judge’s role in sentencing is marginalised and concerns about budgets have carried more weight than legitimate interests in maintaining the task of public prosecutors in investigating criminals or suspects and the task of the judge of passing out the punishment to the criminal.

The checking of the arrest and detention powers of the police is to prevent individual liability of suspect without dual process. REFERANCES 1997c. "Juvenile Crime and Juvenile Law in the Federal Republic of Germany. " In J. Winterdyk (ed. ), Juvenile Justice Systems: International Perspectives. Toronto: Canadian Scholars' Press. Retrieved May 3, 2007 Barak, G. (Ed. ). (2000). Crime and Crime Control: A Global View. Westport, CT: Greenwood Press. Retrieved May 3, 2007