Criminology
Hansel is unsure of what his reaction should be. People appear to have extremely divergent perspectives on the law, and he is currently studying it in law school. His companion Rosie is of the opinion that offenders ought to be punished harshly in order to deter others from committing crime in the future. But his buddy Lauren thinks that even criminals have certain rights that should be preserved, even if it means that occasionally criminals aren't punished as severely as they should be. She is of this opinion because she feels that even criminals have certain rights that should be respected.
Criminology is the academic study of criminal behaviour and legal retribution. As Hansel is discovering, there are a variety of approaches that one can use when studying criminology. One such contrast is the delicate balancing act that must be performed between the safeguarding of society and the protection of individual rights.
Let's take a more in-depth look at those two schools of thought within the field of criminology, which are commonly referred to as the crime control theory and the due process theory of criminology.
The Theory Crime Control
When Hansel converses with Rosie, she gives the impression of being quite logical. She believes that crime is detrimental to every aspect of society and that it is essential to impose severe penalties on those who commit crimes in order to deter others from following in their footsteps. Rosie even goes so far as to declare that criminals shouldn't have rights; they should be punished at any costs, even if it means they lose the standard protections that ordinary people have. In other words, she believes that criminals should not be afforded any rights.
According to the crime control theory of criminology, the most important function of the criminal justice system is to put an end to criminal activity, and this theory also asserts that it is sometimes necessary to violate the human rights of criminals in order to ensure the safety and order of society.
It is less important to someone like Rosie, for example, that a murderer is entitled to a counsel or a swift trial than it is to get that killer off the streets and into jail as soon as possible. As a consequence of this, proponents of crime control theories argue that the authority of the police should be increased. In order for guilty people to be located and brought to justice, there should be as little emphasis placed as possible on legal formalities such as search warrants.
If the police make an arrest and the prosecutor files criminal charges, then the accused should be presumed guilty, and the burden of proof should be on the defence. This is another essential component of the crime control theory, which postulates that law enforcement and prosecutors are skilled at their jobs.
The crime control idea is frequently connected to the social conservative perspective. Rosie is a staunch traditionalist, and she has no doubts about the validity of the crime control hypothesis. Nothing is as important to her as maintaining order by ensuring that criminals are brought to justice.
The Theory of Due Process
But Lauren has a distinct way of thinking, and when Hansel engages in conversation with her, she appears to make sense. Lauren makes the point that suspected criminals are afforded some safeguards and rights under the United States Constitution thanks to the Bill of Rights. She makes the point that the government can sometimes misuse its power, and that this is something that ought to be prevented by the implementation of certain protections.
According to the due process theory of criminology, the most important job of the criminal justice system should be to ensure that everyone is treated fairly in accordance with the law. Since the concept of "due process" refers to fair treatment under the law, this is the topic that the due process theory centres its attention on.
Lauren is concerned that police suspicion could result in the unjustified persecution of persons in an endeavour to locate and try a suspect. She is of the opinion that every single human being deserves the protection afforded by the law. She places a strong emphasis on the Constitutional rights of all individuals because, in her view, these rights were the basis upon which the United States of America was initially established. Lauren thinks it is still preferable to live in a country where people can arbitrarily lose their rights because someone else thinks they are guilty rather than a country where people have the right to due process and constitutional rights, even if those rights result in some criminals getting off on technicalities.
"Guilty until proven innocent" is a credo held by those like Lauren who adhere to the "due process" school of thought and believe in the concept of legal rights. They argue that mistakes can be made by both the police and the prosecutors, and that it should be the responsibility of the prosecutor to provide evidence that the accused is guilty.
The due process notion is frequently linked to social liberalism. [Case in point:] Human rights and freedom are the most crucial thing, even more important than law or order, to someone like Lauren who has liberal beliefs.
Hansel is able to see the good in both perspectives, and regardless of which of the two he ultimately chooses to put more stock in—the idea of crime control or the philosophy of due process—he is aware that both have their advantages and disadvantages.
Conclusion
Criminology is the academic study of criminal behaviour and legal retribution. The criminal justice system can be approached in one of two different ways. The crime control hypothesis holds the beliefs that individual rights are not as important as maintaining order, and that a person who has been accused should be presumed guilty unless their innocence can be demonstrated.
The due process view, on the other hand, maintains that the rights of the individual take precedence above maintaining order and that an accused person should be presumed innocent unless their guilt is shown beyond a reasonable doubt.
While the due process idea is frequently connected with social liberalism, the crime control theory is frequently associated with social conservatism.
Outcomes of Reading
Because of the information you read in this post, you will have the ability to:
- Create a definition for the field of criminology.
- Provide an explanation of both the theory of crime control and the notion of due process.
- Put each school of thought in line with either social liberalism or social conservatism.