Herbert Packer believed in a two-model form within the criminal justice system: crime control and due process. With the 1996 film, A Time to Kill, most of society watched this eye-opening and astonishing film and saw nothing but the conflict between races. As individuals studying for the future of criminal justice, it is imperative that we are able to analyze cases in movies and everyday life creating a second nature mindset of the rights and wrongs within cases. Packer explains and introduces to society in his article, Two Models of the Criminal Process, of the idea that crime control and due process are the key elements within the criminal justice system. Furthermore, the film A Time to Kill presents due process but little to no crime control through the court trial …show more content…
As young students of the criminal justice system, it is important that we are able to pull out and examine cases in the forms of movies, books, and real-life cases. Understanding Herbert Packer is very important when considering these cases. Knowing there are two models, due process and crime control while applying them to cases such as the one in A Time to Kill. There was only one situation where crime control was practiced when the D.A. Rufus Buckley tried to make a deal with the defendant’s attorney Jake Brigance. Since the offer was turned down the case went through the system the proper way and Carl Lee was given all of his human rights that are given to us in the fourth and fifth amendments. Jake Brigance made comments toward the idea of the death penalty and how he believes they deserve to get the chair. It is interesting that Jake Brigance is a strong believer in Carl Lee’s case that due process should be taken into place and he should be set free. Overall the model of due process seems to be the “right” model to practice during any case even though we know that this is not always how the system
In discussion of In Cold Blood, one controversial issue has been Perry’s plea. Was justice served correctly by sending Perry to death row? On the one hand, it is an eye for an eye, which interpretates revenge. On the other hand, he should have been sentenced on a insane plea which would have resulted in on keeping him alive, and treat his psychological illness. Truman Capote demonstrates the trial in his book In Cold Blood.
A time to kill is exactly what Carl Lee Hailey was thinking when he murdered the two men and is the reason why he put Jake Brigance in a horrible position. If Carl Lee hadn’t planned out the murders of Billy Ray Cobb and Billy’s friend Willard step by step other people such as a girl who attended Ole Miss, a klu klux klan member, and the sheriff of Clanton wouldn’t be in such a tough position. The girl who attended Ole Miss was Ellen Roark who was looking to help out in one of the biggest cases ever in Clanton. Ellen Roark was second in her class at Ole Miss and was bored with her classes so she ventured to Clanton, Mississippi, in search of a trial to test her outstanding research skills. Ellen’s research skills played a huge part in the
"The very essence of civil liberty certainly consists in the rights of every individual to claim the protection of the law, whenever he receives an injury,” said Chief Justice John Marshall. The laws during this time did not protect Crispin. Some would agree that Crispin should have killed John Aycliffe. and some would disagree. Crispin should have killed John for three reasons, because young Crispin was in danger, cruel John was trying to attack him, and Crispin could save his friend Bear.
In his article “To Kill or Not to Kill”, Scott Turow tries to convince the audience advocating the capital-punishment system in Illinois to inspect its fairness and efficacy. He tackles this issue because he provides that the system is defective. Even though he goes back and forth from favoring the capital punishment issue to rejecting it, he clearly states his penalty opposition, supporting it with powerful examples, factual data, and a metaphor. To appear moral, credible, and knowledgeable, the author uses his scholarly tone, demonstrating his respectable position. He, as a lawyer and “one… members of a commission appointed by Governor”, had to present his position on the law during the reforms of the capital punishment system in Illinois.
Next comes the sentencing phase in which the lawyers can submit even more evidence and argue for what the defendant’s sentence will be. Then it is left for the jury to decide what the final ruling will be. They have to believe that the defendant committed the crime beyond reasonable doubt to sentence them to death. Since the case went through the correct procedure, it does not violate the fourteenth amendment because Gregg did get equal protection of the law.
A Time to Kill is a remembered experience that brings up the question, “Is a father justified to kill the young men who raped his daughter?” There are many fallacies used throughout this trial, such as, Appeals to Trial, Ad Hominem, Authoritative Warrant, Hasty Generalization, Claim of Fact and many others. The trial also used Ethos, Pathos and Logos to get its point across. If there were no fallacies, ethos, pathos or logos used, then the trial wouldn’t have been as strong as it was illustrated to be in the movie.
I learned that you have to listen to everyone even if it seems like they will not have information needed you will never know unless you just listen to what they have to say because it is easy to incriminate the innocent but difficult to prove their innocence. This nonfiction book help me shaped my thoughts on the death penalty by opening my eyes to the truth, truth is that not everything is what it seems and not every offender is completely guilty for the crime they have been accused of. I now comprehend that each crime is different and sometimes it does include two offenders and even though those two offenders committed the crime and worked together to fulfill the goal to break a law, the Justice System is not always right and the sentences they give out are not always the correct ones. I am for the death penalty, although I have never lost a family member due to a criminal act, I still consider the death penalty a perfect sentence for someone who commits a crime of high risk so I agree with Harvey. Reading this novel has not changed my thoughts on the American Legal system, I have background knowledge on how the system works and I fully comprehend the advantages of being wealthy and getting trouble with the law.
As he works on a case he invests his time and effort into finding what a justifiable and truthful. But, with working in his field come risks especially when it meant defending someone who others think the death penalty is a justifiable way of
Davidson (2015), states crimes committed do not always receive the same punishment (p. 1). He states, the death penalty is a state’s way of enforcing power over society and administering the most harsh punishment available (p. 1). The author states, wrongful convictions and executions of innocent people is an example of a justice system that does not work for the good of society (p. 13). He explains the justice system is structured on the ideas of racism and therefore not equal equality to all people (p. 1). He offers a solution to the problem of wrongful convictions and obtaining what he feels is a 100% guarantee that the right person will be punished for the crimes committed.
The due process model stresses law and is designed to “[protect] the rights of individuals and [reserve] punishment for those who unquestionably deserve it… even though some guilty defendants may go free because the evidence against them” is inconclusive (Cole, DeJong, & Smith, 2014, p. 24). Nevertheless, the goal of the crime control model is to repress crime and stress order. This model “values efficient case processing and punishment over the possibility that innocent people might be swept up in the process” (Cole, DeJong, & Smith, 2014, p. 24). “The Brothel Boy” is an example of the crime control model. The natives wanted someone to pay for the crime that was committed, and Police Magistrate Blair felt that pressure.
Hyde, H. Montgomery. Crimes and Punishment. New York: Marshall Cavendish, 1985. Print.
Warren McCleskey was convicted of armed robbery and the murder of a white police officer. At his trial the jury found him guilty and sentenced him to death. McCleskey challenged his death sentence and claimed that he was being subjected to racial discrimination and provided statistical evidence showing racial disparities in the administration of death sentences. He also presented strong evidence showing that African Americans have been disproportionately sentenced to capital punishment compared to white Americans. While I obviously think that what McCleskey did was wrong, I definitely think that he was right to challenge the constitutionality of his death sentence.
Annotated Bibliography Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New York: The New Press. Alexander opens up on the history of the criminal justice system, disciplinary crime policy and race in the U.S. detailing the ways in which crime policy and mass incarceration have worked together to continue the reduction and defeat of black Americans.
The criminal justice system is responsible for delivering punishment to breakers of the law, and according to Professor Colin S Diver, the criminal justice system derives its authority with a reliable “moral credibility” (Diver 5). However, the Norsefire methodology of delivering justice is not one that exhibits a
Annotated Bibliography Draft Student name : Haider Zafaryab Student number: 2360526 Thesis Statement : Capital Punishment is a very controversial topic around the globe. I believe that it does more harm than good and breeds violence in society. Source 1: Radelet, M. L., & Akers, R. L. (1996).