Jan 14, 2021 in Free Law Essay Samples

Crime Control Model

The Odyssey of Peter Randolph

Randolphs case has aspects of both the crime control model as well as the due process model. The crime control process is a set of procedures following arrest and prosecution of a crime suspect. On the other hand, the due process model is a strategy aimed at protecting an individuals right and liberty. That is, even in a case of a crime suspect, it seeks to set the crime suspect free. It seems contradictory for a case to have the aspects of both these models since the two models pursue opposing or contradicting goals. In this regard, Randolphs case like many others has the aspects of these two cases, resulting to judgment of the cases.

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To begin with, unfolding of the case portrays aspects of crime control model. Going through the way the case begins, all the first incidents follow crime control model. This is the model that advocates for aggressive arrest and conviction of a crime suspect. When the owner of the kitchen that Randolph was trying to break into, calls the police, they come and arrest him and gather the evidence found at the site of crime. Randolph is notified of his rights when the process begins. The crimes that he is convicted of belong to serious felony crimes. The police come upon difficulties in gathering evidence to present in court. As time goes by, Randolph is taken to the court and goes through all the legal processes that an individual convicted with felony crimes should go through. During the hearing, Randolph has a defense in the person of a public lawyer. He asks him of the unfolding and the events surrounding the crime. As Randolph narrates, the lawyer shows no interest. This serves as a clear indication that every individual is after the crime control model, since a defense lawyer should defend a criminal suspect and try to win the case. On the contrary, the public lawyer assigned to Randolph shows no interest of defending him. In that case, the lawyer shows interest in following the crime control model, where a criminal suspect should face judgment and possible punishment.

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As the case approaches last court appearance, it takes a different route. There is an act at the initial stages of the case, which shows some aspects of the due process. This act is the bailing of criminal suspects. After bailing, criminal suspects are allowed to go through the court process while free in the streets. When a suspect is bailed, he or she gets receives freedom and liberty temporarily until the court passes a sentence. As the suspect is supposed to appear in court, in a few days time, all parties seem to be making efforts in achieving the due process goal. That is: instead of pursuing Randolphs five years to life imprisonment, they all seem to seek his freedom and liberty. Crimes of felony are punishable with the term of the sentence varying from five years to life imprisonment. As this case approaches the end, the public lawyer and the other authorities, seek to ensure that Randolph does not receive this sentence. Although, they all seem to agree that he does not deserve imprisonment, the events tend to show success of the due process model. This model advocates for freedom and liberty. Therefore, in their attempt to ensure that Randolph does not receive a five years imprisonment or life imprisonment, they work towards attaining this goal. This is very evident when the public lawyer calls Randolph into the public lawyers office to instruct him on what to say on the judgment day. Opposed to what he had instructed him earlier to plead not guilty to all the crimes he was convicted of, he tells him to plead guilty to one minor crime. This crime is added on the list of the crimes that Randolph is accused of committing. He is told that all the authorities have agreed to add the crime and that if Randolph pleads guilty to it, he will be sentenced to imprisonment of the days he had served already. Initially, this public lawyer had told Randolph to plead not guilty so that he could wait for judgment day; this was an inclination towards crime control model. At this point, he advises him to plead guilty so that he can be released.

Some of the initial actions could also be directed towards attaining Randolphs freedom and liberty. Through detaining a criminal suspect, the authorities compel him to plead guilty to all or some crimes that he is charged with. Randolph is detained for sixty days, awaiting judgment while going through the court processes. The authorities could be using this detention act, to try force Randolph confess that he is guilty of some of the charges or to all. Although, bailing is an attempt towards achieving the goal of the due process model, it is, at times used in a way that it achieves the goal of the crime control model. For instance, in Randolphs case and other felonies, the bail is set too high that most suspects are not in a position to pay. Randolph could not raise the bail amount. It is almost impossible for criminal suspects to raise the money set for bail. This limits their freedom and liberty, forcing them to go through the full court process, which is advocated for by the crime control model. Therefore, Randolph was forced to spend sixty days in detention. Therefore, a high bail is a step towards forcing suspects go through the court process while confined in jail or police custody. This is a way of enforcing the crime control process. If the bail is set at lower amount that is easy to raise, most suspects could be going through their court processes while free in the street. This could be a step towards enforcing the due process model.

Through interaction of the two processes Randolph received the sentence. From this case, it is clear that the interaction of these two processes is important in the terms of functioning of the system of justice. It is through this interaction that both the complaint and the defender or the suspect receives justice. That is, in cases of minor offences, the offender is punished for the offence and at the same time, does not receive tough punishment for minor crimes or misdemeanors. For instance, in Randolphs case, Randolph had committed a minor crime, but in the eyes of the law, he had committed three felonies. These were punishable with not less than five years in prison. On the other hand, he had committed a misdemeanor, which was punishable with some months or days in prison and a year of probation. Therefore, if only one process was followed, either the complaint or the suspect would not get justice, because, without the crime control model, the suspect could not have been brought to trial. This could be an injustice to the complaint. On the other hand, if only the due processes model was used, the suspect could have been charged with felonies only, which he could not have pleaded guilty. As a result, he could have waited for judgment with a threat of five years or even life imprisonment. Since he had not done a crime to deserve such punishment, this could have been an injustice on him. It is through the use of the two models that both the complaint and the suspect receive justice.

 
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In conclusion, it is possible to exhibit aspects of both the crime control model, as well as the due process model. Therefore, from the court decision in Randolphs case, one can see these two crime models functioning. The crime control model is seen in that Randolph was arrested and taken through the prosecution process. The prosecutors ad DAs efforts to take the case to court and gather evidence to support it are the aspects of pursuing crime control model. On the other hand, the aspects of due process model are seen in that after the prosecution process, Randolph was sentenced to imprisonment of the days he had already served in jail, from arrest to the judgment day. It is also seen in the public lawyers effort of approaching the DA and the PD to negotiate the terms of Randolphs release. This was an attempt to give him freedom and liberty, regardless of the crime he had committed. Therefore, the case exhibits the aspects of both models.

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