Comparative and Contrastive Analysis of the Due Process and Power Models of Criminal Justice

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Part 1: Compare and contrast the due process and power models of criminal justice. Illustrate your answer with examples and evidence from the module materials. Word Count:

This essay will explore two models of criminal justice, the due process and power; explaining the similarities and differences between them.

The due process is a model that prioritizes the individual suspect, it is a requirement that legal matters should be a fair application of the law before a conviction is to be secured. The power model of criminal justice takes into account that while a conviction usually follows the law and due process the individual suspect may have circumstances or vulnerabilities, this model emphasizes the differences in power between suspects and communities.

There are vast differences in the two models of criminal justice, when dealing with a child offender the due process model is a more methodical set of rules that should be followed to gain a conviction, whereas the power model brings into account the vastly disproportionate amount of BAME community prisoners and the social and political influences on youth.

An important example when comparing the two models is the case of the James Bulger murders. The murder of two year old James Bulger by two ten year old boys, Robert Thompson and Jon Venables was a widely publicized case and trail, this was because the legal age of criminal responsibility in England and Wales is 10 years old, due to this the two boys were tried in an adult court. In this case the due process model was argued to be served because of the presence of the two boys in court, the two boys sat through the witness statements, cross examination and formal evidence with the trail lasting 3 weeks. They were found guilty at the Preston court on 24 November 1993 and became the youngest convicted murderers of the 20th century. This case is important in comparing the power and due process models of criminal justice because the legal age of criminal responsibility in England and Wales is far younger than the rest of the world and the youngest in Europe, an argument is that if this case had happened in another country with a higher age then it may have turned out differently. The power model of criminal justice would have taken into account the children’s age and consequential mental development during the trail, asking the question if the child really knew what he was doing was wrong. Legal areas in the trail were brought into question by the European Court of Human Rights, a due process breach was found because Thompson and Venables were tried in an adult court but were too young to understand the meaning of a trail, leading to an unfair trail. “As a result of the ECHR ruling, Thompson and Venables were released from prison under license in 2001, aged 18, with new identities.” (The Open University, 2019)

A proposed similarity between the two models is the perception of fair treatment. Due process is found to be fair because it follows the legal requirements and laws of the country precisely so that the trail is seen to be fair to every individuals’ rights. Whereas with the power model fair treatment is seen as the consideration of the individual’s circumstances and background. The due process model can be described as having less faith in criminal agencies like the police, putting more in the sentencing system. This protects the individual from any corrupt or dishonest policing procedures. This is similar to the power models way of protecting the individual from a difference in power, such as the police using stereotypes on minorities who then face police investigation.

However, the perceived fair treatment of the two models contradict each other, this is because the power model isn’t a methodical way of getting a fair trial, suggesting an individual might be being pressured by a power imbalance of the state law. The power model serves to expose the criminal justice and due process model “as a means of controlling people of certain social backgrounds to maintain existing social inequalities.” (The Open University, 2019) The power model in use brings up the Black Asian and Minority Ethnic (BAME) communities being a disproportionately large number of prisoners and children’s rights, this is not brought into consideration when due process is followed.

These two models of criminal justice share similarities when protecting the individual’s rights but share more differences. The process of both models opposes each other, the power model brings into question outside factors and the victims background to achieve a fair trial whereas the due process puts all faith in the sentencing system to achieve a fair conviction that abides by the countries rules and the individual’s rights.

Part 2: Reflect on the entries in your portfolio and identify two skills you have developed on DD105, giving examples of how you have used them. How might these skills be useful in your future study, personal development and/or career path? Word Count:200

One skill developed during studies are digital literacy skills, these include searching and researching on the internet when planning and writing an assignment. I have improved on this skill during DD105 and it has helped me to achieve higher marks on my TMA work, an example of this in use is my research during TMA 4. I had not written in the style of a blog and needed to use the internet to understand how, I was able to do this effectively and this led to me achieving a higher grade. Another skill developed during DD105 is the ability to use evidence in writing, this skill is important for essay writing and for understanding how to write a convincing argument. An example of my use of this skill is during my TMA 2 essay, I needed to be able to use two examples of corporate harm and discuss in detail the impact of the examples. The ability to gather evidence from module resources helped me to be able to find two solid examples.

These two skills will become helpful in my future studies in further modules, they will serve as a baseline for skills I will develop when completing assignments.

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Comparative and Contrastive Analysis of the Due Process and Power Models of Criminal Justice

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