The Limits of the Criminal Sanction

Main features of Packer’s crime control model

The chosen model represents crime control and due process to outline the computing system of values operating within the domain of criminal justice (Zetao, 2005). The tension between the two accounts of disharmony and conflict is the observable element within criminal justice. The following assertions are key concern of crime control model, as follows:

Suppression of crime is an important function within criminal justice as it allows formation of a free society.

Criminal justice should concentrate on vindicating the rights of victim rather than protecting rights of defendant

The power of the police need to expand its waste in which ticket erase search the matter and convict the accused

Legal technicalities the reference the police from doing their work needs to be eliminated.

The process of criminal justice should work like an assembly line conveyor moving the cases quickly along the direction of disposition (Sherman, 1993).

If the police plans to make an arrest and the prosecutor files criminal charges the accused should be we perceive guilty as the fact finding of police and the associated prosecutors are highly reliable

The prime objective of the criminal justice process should be concentrated on discovering the truth or to establish the factual guild of the guilty.

The due process model needs to prepare and counter proposal for the crime control model consisting of the following arguments:

The prime concentration and function of criminal justice should be providing fundamental fairness under the legal procedures.

Police power needs to be limited that can prevent official oppression

Constitutional rights are not basic technicalities; the authorities under criminal justice needs to be held accountable to process and guidelines to make sure that there is a consistency in the process of justice

Finally, the government should not hold an individual guilty solely based on facts. A person can be termed guilty only if the government implements legal procedures during the course of finding facts (Stribopoulos, 2010).

Full code test and the stages

Full code test: The test that needs to be satisfied in order for a prosecutor to make a decision to charge a guilty person and bring prosecution. It comprises two stages, the first one being evidential stage followed by the stage of public interest (cps.gov.uk, 2018).

During the case of evidence, prosecutors are satisfied that there is enough evidence to provide a realistic ground of conviction against the suspect on each charge need to work on considering what the defence case is likely to be and affect the chances of conviction. On finding that there remains a realistic scope of conviction based on the objective assessment of prosecutor's evidence including the possible impact of defence and any other piece of information the suspect put forward on which they need to rely, criminology dissertation help is often sought to navigate all these complexities. Hence it can be conclusively stated; if a case fails to pass the evidential stage then it may not proceed no matter how sensitive or serious it may be (Prakken and Kaptein, 2016).

The second stage is the stage of public interest where there is a demand for efficient evidence to justify prosecution. Fails to pass the initial event initial stage the crown prosecutors need to decide whether prosecution is important in regards to public interest (Rogers, 2017). They need to work on balancing factors, against or for prosecution fairly. prosecution is likely to take place unless the prosecutor is content that there are factors pertaining to public interest that tend to go against the prosecution and outweigh those tending in favour.

Police recorded crime statistics feasible to conduct, providing good measure of criminal cases both at local and national level. Statistics compiled on the reports formed by police it is readily available with an additional cost involving information being sent analysed and evaluated. Overtime continuously occurring decline and incline in criminal behaviour can be pointed out and used in analyzing the possible patterns of crime highlighting and tackling criminal hotspot. Crime statistics additionally indicate the workload and performance level of the police throughout the region (Antoniou and Akrivos, 2017).For the modern indication related to the reduction in crime related incidents could work on boosting public morale. Necessary lead findings can influence exchange embracing governing policy. For instance allocation of resources within the police department could create scope of better services identifying the need to place patrol officers, with the highest rate of crime occurring incidents for maximizing the effectiveness of services given by police (Tilley and Tseloni, 2016). Additionally, crime is rightly reported to the police and if they are classified it is a criminal offence shall not be included. This indicates towards the minute misdemeanours that would be trial as petty offences in court suggest crime related to assault theft and so on which are excluded from being recorded. This emerges as a major feeling of this method of data collection as it leads in discrepancy while analysing the results especially well comparing different reports (King and Lord, 2018). The shortcoming around this form of survey is that it is costly to conduct and not only in manpower but also in terms of resources and time. The efficacy of the search mode of a criminal survey is highly questionable. As a result, it is subjective on the person's insight and honesty which may be affected by exaggerated response through gathering false information.

Introduction

The privatisation of prison is a matter of debate. Privately managed present where introduced in the 1990 at the present there are 14 private present contractually managed by private companies. The current essay works on analysing the possible fact should prison be made private or not. The essay additionally works on providing supporting evidence and examples which can help it to reach a specific conclusion.

Discussion

The decision to start the security company of the contract to run the prison of Birmingham, one of the largest jails in Britain has been a serious blow to the reputation of the prison being run by a private organisation (politics.co.uk, 2020). Other privately operated prisons, failed to attract similar controversy. England has 13 private prisons with 14.5% of the population house in them. Scotland has a 16.5% population of all the prisoners north of the border. The act of privatizing present in the UK began in 1992 and since then it emerged as a feature of a system elsewhere within the English speaking country specifically in the US where company is a subject to pressure of human rights and treatment of the prisoners. Contracting out the present to the private sector has been a moral conflict (Liebling and Ludlow, 2017). The present population in Britain has been growing for several years, revealing the possible insufficiency of the existing prison estates. The labour government pursues the implementation of the private sector following the possible recommendation of managing present service and monitoring the use of private prison. The private prisons are subjected to a series of penalties for failure to meet set performance targets as given by the government. For example Liverpool prison could be handed over to the private sector if they fail to reach their performance target within a span of 5 years while staying in the public sector. Imagine a series of controversies expressing the quality of services being provided by private prisons with specific criticism that quality is being degraded in order to enhance efficiency. Last week a report by the national audit office expressed raising concern about the services provided by prisons managed privately. It picks out certain issues such as lack of experienced staff and high turnover among the existing staff members. As a result it argued the environment within private present is less safe as a post to the prison run by a public organisation where the officers tend to have more than average level of experience. The additional report warns that terms of contract, under which private prison operates, lacks several rules and regulations concerning commercial confidentiality under which the prisons are being operated. However it can be conclusively stated the involvement of the private sector in prison benefited the service through anus level of competition and experience of managing the previously commercial PFI contracts.

It becomes important to point out the fact that many of the private prisons are among the best run in the system as per the report put forward by the chief inspector of prisons. Additional question are how the government would be successful in funding construction of prisons, much needed to hold the ever increasing population of prisoners. However when the government short refused to private operator for failing in the brixton prison not one potential bidder came forward. The role of a prisoner is to empower those under their control and give powers to the officer of the state.

While the pressure of increased budget cuts hit all the present over recent year privatization works on making it worse. private or business organisations of companies running the prison in around 10% profit margin, meaning less money for present and more money for the companies. Private companies managing prison encourage the prisoners to work 40 hours a week yet pay them $2 a day. Despite this cost-cutting, privatization of the present is actually more costly than those being operated within the public sector. Additionally, the privately managed presence is the worst performing prison (Welsh, 2016). The private prison all prisoners in overcrowded accommodation as opposed to the public sector prison, with over one third of people within the private prison are overcrowded with fewer and less well trained staff leading to you is not healthy working and surviving environment. A recent panorama report by the BBC reveals a state of crisis in prisons which is further made worse within the private sector. Several administrative tribunal bodies want that private sector present cost cutting could lead to riots and escape. Prison harbours the responsibility to rehabilitate people subjected to the system while teaching them skills that may help them to find a profession after leaving the prison. However rather than teaching important life skills employability workshop involves the prison inmates colouring of cartoon characters from children's TV shows. This is not what the government expects from the future prison. Furthermore it can be conclusively stated it is wrong in principal for the private business organisations to run prisons. Everywhere there is a need to manage violence and force the state should be in charge rather than a private company or a specific individual. Hence can be stated the private company should not be delegated with the responsibility of disciplining people with detention (weownit.org.uk, 2019). The private companies are not transparent or democratically responsible in the way the government is; hence it is important that the present should be given back into the hands of the public who are best suited for operating prisons (theguardian.com, 2019). Local jailhouse prisoners are taken directly to the nearby court either after sentence or when called for. Among 14 private prisons there are 5 male only local prisons, with an assault rate of 701 assault per thousand prisoners; compared to the 493 per thousand prisoners in local prison run by the public sector. The ministry of justice invested 70 million to improve the existing standards of security and safety while recruiting 4700 prison officers since 2016 when the government announced an annual increase of hundred million for the prison budget.

Conclusion

Data suggest that private jails are more violent than the public ones. Looking deeper at the data evidence can be collected that private prison has an ongoing trend of violent outburst. it should be taken into account that tackling violence is a challenge not only within the privately managed reason but across the entire state of prison and the people are working towards the possible ways that can be implemented in reducing the aforementioned issues.

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Reference List

Antoniou, A.K. and Akrivos, D., 2017. Crown Prosecution Service Case Files Review: Setting the Scene. In The Rise of Extreme Porn (pp. 229-251). Palgrave Macmillan, Cham.

Rogers, J., 2017. A human rights perspective on the evidential test for bringing prosecutions. Criminal Law Review, 2017(9), pp.678-695.

Sherman, L.W., 1993. Why crime control is not reactionary. In Police innovation and control of the police (pp. 171-189). Springer, New York, NY.

theguardian.com, 2019. Private jails more violent than public ones, data analysis shows. [online]

Tilley, N. and Tseloni, A., 2016. Choosing and Using Statistical Sources in Criminology:

What Can the Crime Survey for England and Wales Tell Us?. Legal Information Management, 16(2), pp.78-90.

Welsh, L., 2016. A conflict of ideologies: prison privatisation and human rights.

Zetao, Z.H.A.N.G., 2005. Reflections upon Packer's Crime Control Model and Due Process Model [J]. Law Science (Journal of Northwest University of Politics and Law), 2.