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UOTP The Role of The Courts in A Speedy and Fair Trial Discussion

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Please reply to my classmates in about 100-150 words. Reply can be with personal opinion. Replies are as followed.

1st Reply:

  • How do crime control and due process models show the dichotomy between the roles of the court to punish and to provide legal protections that guarantee a defendant’s rights?

This is a great question. As it relates to crime control and the courts I personally feel that the courts are forced to follow the precedence to ensure a fair and speedy trial. If you notice the courts do not share a since of fairness as it relates to crimes being committed by a first time offender versus a multi time offender. The punishments differ from slightly to vastly different.

The legal rights of the defendant hold fast that a person is innocent until proven guilty. Thus a person has a right even if they are found guilty to exhaust all of their appeals to ensure a fair and non biased trial. The courts must walk a fine line in order to ensure moral ethics are not violated during this process. In order to stop crime. To do that you must have law enforcement in place. After that we must depend on the courts to lay judgement down in the most humane way possible.

2nd Reply:

How do crime control and due process models show the dichotomy between the roles of the court to punish and to provide legal protections that guarantee a defendant’s rights?

If I am not mistaken under the constitution, under the 14th Amendment. There are right to prevent this from getting out of hand. With that being said every individual is entitle to innocence and also this fall under the dual process model. According to the Future learn (2020), the due process model prioritizes the interests of the individual suspect who is confronted by the mighty power of the State. In addition, when it comes to duals process the main focus will prioritizes the interest of an individuals who is confronted by the state, “The due process model prioritizes the interests of the individual suspect who is confronted by the mighty power of the State”. (Future Lane, 2020). Like I have mentioned before the constitution does have a part to protect both parties. According to the US constitution “Such an individual is entitled to a presumption of innocence, and should not be found guilty of an offence other than by way of clearly defined and formal decision-making processes. (FLLP, Unknown)

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