In the United States criminal justice system the criminal procedure policy is begins when a crime is committed and person is arrested for that crime. This person is now known as the defendant and is protected throughout the criminal procedure policy under the United States Constitution. The United States Constitution ensures fairness and justice to all through the Bill of Rights and other Amendments. Additionally, two procedural models help shape the criminal justice system. These two models are known as the Due Process and the Crime Control. The Bill of Rights and the 14th Amendment of the United States Constitution, along with these criminal procedure theories, have forged the criminal justice processes that exist today and in turn are what keep the balance between order and liberty.
As mentioned earlier, within the criminal justice system there are two schools of thought that pertain to criminal procedure practices in the United States. The Due Process and Crime Control Models are in essence theories which reflect the beliefs of both conservatives and liberals (Zalman, 2008). Conservatives side with the Crime Control Model while liberals on the other hand side with the Due Process Model. According to Zalman (2008), the theories, which were originally created by Professor Herbert Packer, conflict with one another but do share some common ground. One shared value is known as the Rule of Law. The Rule of Law, which is also called the principle of legality, is the legal principle which states that government officials must not exceed their legal authority and the government in general must adhere to established laws. The second shared belief between the models is the belief that certain members of the criminal justice system, police and prosecutors, have a duty to enforce the law. The third shared belief is in regards to the limits to the powers of the government which have been put in place to prevent the government from being able to do anything and everything without regard for the law. The last shared belief between the two theories is treating the accused as a person deserving of a proper trial (Zalman, 2008). While the two procedural models share few beliefs it is the purpose of the models that distinguish them and keep order and liberty in balance.
The primary purpose of the Due Process Model is to protect the accused. According to Zalman (2008), “The Due Process Model stresses formal, adjudicative,