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¶ … Moving Targets: Placing the Good Faith Doctrine in the Context of Fragmented Policing" by H. Aviram and J. Seymour (2010)
In the United States, due process of law is guaranteed by the Fifth Amendment and applies to all citizens by virtue of the 14th Amendment to the U.S. Constitution. In sharp contrast to the Crime Control Model that focuses on the early identification of the guilty, the Due Process Model of crime control places a high priority on preserving accuracy in legal proceeding and avoiding the conviction of the innocent. These issues form the basis of a peer-reviewed journal article by H. Aviram and J. Seymour (2010) which is critiqued in the paper the follows. A summary of the research and important findings concerning due process and crime control are provided in the paper's conclusion.
This paper provides a review of a peer-reviewed journal article on improving crime control through due process. A discussion concerning the article's findings and the ethical dilemmas identified by the authors is followed by an analysis of how the topic relates to a biblical worldview. Finally, an examination of how the concepts and ideas presented in the article apply to justice administration is followed by a summary of the research and important findings concerning crime control through due process in the conclusion.
Review and Analysis
Overview of Due Process of Law
According to the definition provided by Black's Law Dictionary (1990),...
500). In sum, due process of law means that defendants are afforded "their day in court" which in the United States includes (a) the right to be present in court; (b) to be heard by testimony or otherwise; (c) and the right of converting, by proof, all of the material facts that bear on the question of right in the matter involved (Black's Law Dictionary, 1990, p. 500).
Main Findings by Aviram and Seymour
In their article, (2011) report that in the United States, there are two models of crime control being debated in the United States today: (a) the Crime Control Model and (b) the Due Process Model. While the Crime Control Model places higher priority on providing an efficient criminal justice system through the early determination of guilt by law enforcement authorities, the Due Process Model emphasizes the preservation of accuracy in the criminal justice process and the avoidance of convicting the innocent (Aviram & Seymour, 2010).
The main finding by Aviram and Seymour with respect to due process and crime control concerns the need for protection from constitutional rights abuses by governmental law enforcement authorities. In this regard, Aviram and Seymour conclude that, "Under…
References
Aviram, H. & Seymour, J. (2010, May). Moving targets: Placing the Good Faith Doctrine in the context of fragmented policing. Fordham Urban Law Journal, 37(3), 709-715.
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
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