{"title":"刑事司法的正当程序与犯罪控制模式","authors":"Édson Luís Baldan","doi":"10.31412/rdpj.v2i1.561","DOIUrl":null,"url":null,"abstract":"This essay has as main target the study of structures, functions, duties and rules of government agencies in charge of criminal law enforcement, which perform their multiple roles as soon as a crime is committed. Since the first attendance by the police forces, until the definitive sentence by the highest Criminal Court, several and complex individual and social rights are involved, aiming at both a valid investigation as a fair trial. First, some important questions will be focused: what are all the agencies and institutions that constitute the so-called ‘criminal justice system’? Do they operate properly toward each others? Do they constitute a true system? Then, by analyzing the criminal process models and crime control patterns, and seeking to establish the necessary balance between public interests and civil liberties, the essay shall study the key features and problems related with the criminal punishment, understood as the most violent – but necessary – government interference in the citizen´s life. Finally, as the core concern of this work, it will be explained how (and if) the Criminal Justice System is able to be effective for the community safety and respectful towards the individual rights, at the same time.","PeriodicalId":448392,"journal":{"name":"Revista de Direito de Polícia Judiciária","volume":"2 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Due Process and Crime Control Models of Criminal Justice\",\"authors\":\"Édson Luís Baldan\",\"doi\":\"10.31412/rdpj.v2i1.561\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This essay has as main target the study of structures, functions, duties and rules of government agencies in charge of criminal law enforcement, which perform their multiple roles as soon as a crime is committed. Since the first attendance by the police forces, until the definitive sentence by the highest Criminal Court, several and complex individual and social rights are involved, aiming at both a valid investigation as a fair trial. First, some important questions will be focused: what are all the agencies and institutions that constitute the so-called ‘criminal justice system’? Do they operate properly toward each others? Do they constitute a true system? Then, by analyzing the criminal process models and crime control patterns, and seeking to establish the necessary balance between public interests and civil liberties, the essay shall study the key features and problems related with the criminal punishment, understood as the most violent – but necessary – government interference in the citizen´s life. Finally, as the core concern of this work, it will be explained how (and if) the Criminal Justice System is able to be effective for the community safety and respectful towards the individual rights, at the same time.\",\"PeriodicalId\":448392,\"journal\":{\"name\":\"Revista de Direito de Polícia Judiciária\",\"volume\":\"2 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-08-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Direito de Polícia Judiciária\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.31412/rdpj.v2i1.561\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Direito de Polícia Judiciária","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31412/rdpj.v2i1.561","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Due Process and Crime Control Models of Criminal Justice
This essay has as main target the study of structures, functions, duties and rules of government agencies in charge of criminal law enforcement, which perform their multiple roles as soon as a crime is committed. Since the first attendance by the police forces, until the definitive sentence by the highest Criminal Court, several and complex individual and social rights are involved, aiming at both a valid investigation as a fair trial. First, some important questions will be focused: what are all the agencies and institutions that constitute the so-called ‘criminal justice system’? Do they operate properly toward each others? Do they constitute a true system? Then, by analyzing the criminal process models and crime control patterns, and seeking to establish the necessary balance between public interests and civil liberties, the essay shall study the key features and problems related with the criminal punishment, understood as the most violent – but necessary – government interference in the citizen´s life. Finally, as the core concern of this work, it will be explained how (and if) the Criminal Justice System is able to be effective for the community safety and respectful towards the individual rights, at the same time.