Constitution, then examined how lower courts have applied the holdings of these Supreme Court cases to situations involving university professors at state colleges. This essay reviews cases under state law involving wrongful termination of employment in the USA, because an employee chose to follow ethical principles of the employee's profession. Unlike employment law based on the Bill of Rights in the U. Constitution, which only applies to government employees, the principles in this essay are applicable to all employees, even employees of for-profit and non-profit organizations.
Packer In what is regarded as one of the most important recent contributions to systematic thought about the administration of criminal justice, Herbert Packer has articulated the values supporting two models of the justice process.
He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system. Two models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law.
These models are not labeled Is and Ought, nor are they to be taken in that sense. Rather, they represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process.
Neither is presented as either corresponding to reality or representing ideal to the exclusion of the other. The two models merely afford a convenient way to talk about the operation of a process whose day-to-day functioning involves a constant series of minute adjustments between the competing demands of two value systems and whose normative future likewise involves a series of resolutions of tensions between competing claims.
As we examine the way the models operate in each successive stage, we will raise two further inquiries: There is a risk in an enterprise of this sort that is latent in any attempt to polarize. It is, simply, that values are too various to be pinned down to yes-or-no answers.
The models are distortions of reality. And, since they are normative in character, there is a danger of seeing one or the other as Good or Bad.
The reader will have his preferences, as I do, but we should not be so rigid as to demand consistently polarized answers to the range of questions posed in the criminal process.
The weighty questions of public policy that inhere in any attempt to discern where on the spectrum of normative choice the "right" answer lies are beyond the scope of the present inquiry. The attempt here is primarily to clarify the terms of discussion by isolating the assumptions that underlie competing policy claims and examining the conclusions that those claims, if fully accepted, would lead to.
Values underlying the models Each of the two models we are about to examine is an attempt to give operational content to a complex of values underlying the criminal law.
As I have suggested earlier, it is possible to identify two competing systems of values, the tension between which accounts for the intense activity now observable in the development of the criminal process. Indeed, it would be a gross oversimplification to ascribe a coherent and consistent set of values to any of these actors.
No one person has ever identified himself as holding all of the values that underlie these two models. The models are polarities, and so are the schemes of values the other would be rightly viewed as a fanatic.
The values are presented here as an aid to analysis, not as a program for action. Some common ground However, the polarity of the two models is not absolute. Although it would be possible to construct models that exist in an institutional vacuum, it would not serve our purposes to do so.
We are postulating, not a criminal process that operates in any kind of society at all, but rather one that operates within the framework of contemporary American society.
This leaves plenty of room for polarization, but it does require the observance of some limits. A model of the criminal process that left out of account relatively stable and enduring features of the American legal system would not have much relevance to our central inquiry.
For convenience, these elements of stability and continuity can be roughly equated with minimal agreed limits expressed in the Constitution of the United States and, more importantly, with unarticulated assumptions that can be perceived to underlie those limits.
Of course, it is true that the Constitution is constantly appealed to by proponents and opponents of many measures that affect the criminal process.
And only the naive would deny that there are few conclusive positions that can be reached by appeal to the Constitution. Our first task is to clarify these assumptions.What's in the Criminal Law Summary Notes?
Our Criminal Law Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Criminal Law exam. The table of contents of our Criminal Law Summary Notes is shown below. North Georgia Technical College’s Student Affairs Portal allows students to Enroll, Select Programs of study, and helps manage many other aspects of Student Life.
I used this book for one of my Intro to Criminal Justice course. Like many of you, I was upset to find out that the book was written by a professor at the school. West College Drive Avon Park, FL For a fee, a request can be made to the FBI for your Identity History Summary—often referred to as a criminal history record or a rap sheet.
Purpose and Goals. The Criminal Justice Program is designed to produce proficient graduates who can excel in various aspects of the field in leadership, service, research, and innovation.