Reflecting upon the different models of the criminal justice system we Essay

Reflecting upon the different models of the criminal justice system we have studied, critically assess which you would most like - Essay Example Later on, the Judicature Act of 1873 was passed and the Criminal Appeal Act of 1907. Due process model According to Sanders, Young and Burton the English criminal system just like the American one, emphasizes on adversarial procedures and due process safeguards. The relevance of the due process in the English law is advised by the fact witnesses could be biased or the police force may interfere with the whole process. By insisting on a formal adjudicative process, the accused are able to get justice and beside, the entire process prevents the miscarriage of justice as an end to itself. In addition the due process discourages the law enforcement agencies from abusing power and breaking rules, while encouraging the primacy of the individual citizen. The role of the police in the criminal justice system is very constrained. As Wells and Quick (2010) observe in Wales and England, police can go as far taking an inquisitorial role but cannot force citizens to produce testimony against thei r will. The due process starts once an adversarial relationship has been formed or after becomes a suspect. In all fairness once can see that the role of the police is very limited in English and Wales criminal system. ... k (2010) the due process model as practiced in England and Wales, involves the use of procedural and evidentiary rules in order to avoid to prevent miscarriages of justice to the accused. Wells and Quick (2010) liken the due process model to an assembly line or an obstacle course designed to prevent the accused from progressing through the criminal process. The need for incorporation of the due process in the English and Wales criminal system is characterized by the elements of miscarriage of justice and observance of human rights. Another core element of the system is presumption of innocence doctrine, which is prescribed to by many other judicial systems all over the world. Presumption of innocence doctrine This is a core tenet in the criminal justice system, and is equally appreciated in the European Convention on Human Rights. The presumption of the innocence doctrine further suggests that the onus lies on the prosecution to prove the defendant’s guilt beyond reasonable do ubt. According to Wells and Quick (2010) by forcing the prosecution to prove its case against the accused in an adjudicative context, the accused acquires an enhanced opportunity to secure a favourable outcome. Shift from the due process system to the control system However, in the face of the increasing terrorist activities, and transnational crimes, the English government is under increasing pressure to adopt the crime control approach. At the same time, the English system is under pressure to initiate an appropriate legal framework to support the law enforcement agencies to control the levels of crime being experienced. The crime control model as suggested by Sanders, Young and Burton (2010) is based on the proposition that the repression of the criminal conduct is the main role of the