Articles for tag: Due Process, Fourteenth Amendment

Karla News

A Comparison of Procedural and Substantive Due Process

School administrators maintain the authority to establish rules and regulations pertaining to student conduct in the school venue. However, this authority is not without conditions and is subject to justifiable criteria (Essex, 2005). Rules in educational settings are essential to sustain a systematic and nonviolent environment and enhance the educational process. The legal system requires ...

Karla News

Due Process of Law and Crime Control

Criminal Procedure Policy Throughout this document an analysis will be provided that displays similarities and differences between the Due process of law and crime control model. In addition, a discussion of how each model has impacted and shaped the criminal procedure policies here in the United States. The Fourth, Fifth, Sixth, and Fourteenth Amendments to ...

Karla News

Due Process Protecting Teachers Rights

Faculity is given an equal opportunity to face any displinary actions. This is done by a set of procedures that must be follwed proceding any misconduct. This is all due to the law of Due Process. To understand the laws and procedures we must first look at the Constitution. The Constitution and its Amendments make ...

Karla News

Analysis of the Crime Control and Due Process Models

Abstract Protection and the right to trial and to appeal when necessary. While they are both very different systems, they both impact the way that our judicial system is run. When comparing the due process and crime control models, it should be kept in mind that “proponents of both models embrace constitutional values.” (H.Packer, Criminal ...

Karla News

Crime Control Model

The crime control model explains that a criminal’s conduct is the most important part of the criminal justice system. The model further explains that if law enforcement does not keep control of misconduct than society as a whole will suffer. Individuals are born with rights and freedoms and if there is not a stand against ...

Karla News

Due Process Versus Crime Control

Since the beginning of the nineteenth century, our justice system has vacillated between two distinct models. While both models seek to reduce crime, they differ in their approach. These two crime models were introduced by Herbert L. Packer. He described the two justice models as the “due process model” and the “crime control model. These ...

Karla News

Arizona’s SB1070’s Deeper Questions of Racial Profiling and Constitutional Protections

Conservative Supreme Court Justice John Roberts attempted to shift focus from a central theme for many in the discussion on Arizona’s controversial immigration law. SB1070 has been widely criticized by human rights and civil liberties groups for tacitly approving of racial profiling since Arizona’s police and state troopers will be able to ask for documentation ...

Karla News

Juvenile Delinquency: Standards of Proof

In 1967, the United States Supreme Court transformed the juvenile justice system with its decision in In Re Gault. Now, three years later in March 1970, the juvenile system was once again facing substantial change. In the case of In Re Winship, important questions were raised regarding the rights of juveniles. The question before the ...

Karla News

Due Process of the Law – What Does it Mean?

At its core, the right to due process of the law is the right to be treated fairly and have a fighting chance when facing legal action. The concept that defendants shall be presumed innocent until proven guilty is the basic underlying tenant of due process as applied to criminal cases. The finer details have ...