Allen C. Wayman
Making Sense of Criminal Justice: Policies and Practices, 2nd edition
2220 Steeple Chase Dr. New Bern, NC 28562 firstname.lastname@example.org Prof. Aaron Vassey
Western Carolina University
January 21, 2015
Crime control model and due process model are two different types of criminal justice models constructed by Herbert Packer, a Stanford University law professor, these two ideas represent a conflicting system of opinions working within the criminal justice system (Packer, 1964). The role of the crime control model is to get criminals off of the street and to protect the innocent. On the other hand, the due process model of criminal justice is like an obstacle course, a necessary evil that you have to keep going through to guarantee in the end that you convict the right person but it appears that there are extremes on either side of this spectrum. In the US, law enforcement tends to lean towards the crime control model and the courts are more apt to lean towards the due process model (Packer,1964) This causes tension and conflict between the police and the court system to know end and I see arguments for both crime control and due process.
Crime Control and Due Process
If we did not have due process in the US, people in positions of power, could manipulate the system for their own personal or political gain and railroad the innocent off to prison (Packer, 1964). Both models do share common beliefs, for instance, they both look for proof beyond a reasonable doubt. The common goal of both models of criminal justice is to convict the guilty and set the innocent free. Crime control and due process share four common values which are, crime should only be defined by law, crime should lead to some form of legal intervention, criminal justice system power should be legally limited, and criminal justice system should be adversarial (Packer, 1964). Some of the differences between the due process model and the crime control model are that the due process model perceives that people are innocent until proven guilty in a court of law. The crime control model believes that the people that are arrested are guilty and need to be punished (2012, 09). Another difference with both models is that due process believes that policing within the criminal justice system is necessary to preserving justice within society. Unlike the crime control model which believes that arresting people, and going through the process that is in place in the criminal justice system, has a negative effect and slows down the process. One more difference is the due process model believes in the rights of the defendants and proving their guilt is essential to keep the government in control. In contrast the crime control model believes that the rights of the defendant cost too much and the criminal justice system should be spending more money on recruiting police officers and building prisons (2012, 09). The due process model is the belief that an individual cannot be deprived of life, liberty, or property without proper legal processes and safeguards and any person that is charged with a crime is required to have their rights protected by the criminal justice system. However the crime control model for law enforcement is based on the notion of the absolute reliability of police fact-finding, and treats arrestees as if they are already found guilty (2012, 09).
Both models have been shaping criminal justice policy and procedures for years and both have some differences, as well as similarities good and bad.
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