Crime Control v Due Process assignment PDF

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SOC 250 Assignment Johanna Wilson Part I. Topic Selection: Pick a problem with the criminal system. Our criminal justice system is not perfect. In fact, you may have a number of criticisms of the system. In a recent assignment, students in this class focused on several problems that require correction, including: • • • • •

Police brutality overcrowded prisons incompetent public defenders solitary confinement discrimination in sentencing

Your task is to pick one of the above problems. Part II: Propose a solution. Now, propose a solution to the problem. What exactly should be changed? You can devise any solution you’d like, but there is just one limitation: the solution should not simply be to spend more money or hire more people to do an existing job. You should recommend a change in the procedure or a change in the policy. Part III: Examine your proposed solution from both perspectives. Now comes the challenging part. You must examine and comments upon your proposed solution first from the Crime control Perspective, and then from the Due Process perspective. Extra Credit: Revision of original solution After examining your proposal from both perspectives, try to revise your solution so that it either: a. increases crime control without unduly harming due process rights or b. increases due process protections without harming our ability to control crime.

2 Part I. Topic Selection: Pick a problem with the criminal justice system. 1.

One important problem with our criminal justice system is: (one sentence only).

One important problem with our criminal justice system is the discrimination in sentencing.

2.

Explain: This is a problem because: (One or two sentences only)

This is a problem because people who are committing the same crimes are being punished differently based on who they are.

Part II: Propose a solution. 1. My solution to this problem is: (One sentence only Remember, the solution should not just be to spend more or hire more people). I believe a good way to help solve this is by limiting the way discriminatory features are brought up during the trial and limiting the different sentences someone could get for one crime.

2. Explain: I believe this will help solve the problem because: (One or two sentences only)

I believe this will help solve the problem because the less room there is for discrimination, the less discrimination there will be.

3 Part III: Examine your proposed solution from both perspectives. 1. Evaluate and criticize this proposed solution from the Crime Control perspective (i.e. what will its effect be on our ability to fight crime?) One to two paragraphs. I feel that in a way my proposed solution would be supported by the Crime Control perspective. The Crime Control perspective is focused on protecting society as a whole. If two different people both commit a murder. Person A gets life in prison, but person B gets 20 years because he is a white male, that leaves another murderer on the streets as a threat to society. If there were strict rules saying everyone deserved the same punishment, there would be less criminals being released too early and committing crimes again.

2. Evaluate and criticize this proposed solution from the Due Process perspective (i.e. what will its effect be on our guarantee of fundamental rights?) One to two paragraphs. Some people could argue that the Due Process model could go either way. The Due Process model is focused on the individual themselves. For the person committing the crime, this proposal may not be their favorite choice because it could prevent them from getting a lesser sentence. However, for those who would not even qualify for a lesser sentence, it may help them feel that the justice system is more equal than believed.

4 Extra Credit: Revision of original solution After considering the pros and cons of this proposal, revise it as follows to make sure it does not harm either our ability to control crime or our guarantee of fundamental rights:

I feel that it would be difficult to revise my proposal in a way that pleases everyone. When you consider the “individual”, you must consider the criminal as well. The punishment they are given is something that must be set in stone. No “released early” situations. Whatever the sentence is, the sentence is. This way, everyone is in the same boat and there is no “discriminated” population of criminals....