Due Process Model Of Criminal Justice

Words: 1323
Pages: 6
Open Document
The purpose of the criminal justice system in the United States “is to deliver justice for all, by convicting and punishing the guilty and helping them stop offending, while protecting the innocent” (Garside, 2008). Since the beginning of our country, there has been ways of ensuring justice is achieved. Herbert Packer was an American law professor and criminologist who developed two models within the criminal justice system; the crime control model and the due process model. Each model has its own pros and cons and with that comes support and opposition. The two models are polarities designed to aid in analysis and in operation within constitutional values and argue for balance (Kraska, 2004). Each model in its own right has shown effectiveness …show more content…
This model puts a lot of emphasis on law enforcement assuming that the police will respect an individual’s rights from the moment they are arrested all the way through the investigation. The crime control model focuses more on the quantity of arrests rather than the quality with the philosophy that more arrests mean less crime. People have made the statement that the crime control process is favored more by conservative people that want people to pay for their crimes. It is hard to ignore the political nature of criminal justice, especially today when people want to be more involved and want to have a say in what goes on within their local law enforcement agencies. Politicians often use the term “War on Crime,” and that stance would fall directly under the crime control model. A war on crime would mean to identify, pursue, isolate, and ultimately eliminate criminals in our society by targeting high crime areas, increased patrols and traffic stops, profiling, undercover sting operations, wiretapping, surveillance, and aggressive raids to stop criminals before the crime (Perron, n.d.). Obviously, not every time the police go out and raid someone’s property are they going to be successful; people may lose possessions, or worst case, get hurt in the process. Supporters of the …show more content…
Our country was founded on these rights and the Supreme Court is sworn to uphold it, so it’s important for all things to be considered. The Fourth Amendment of the Constitution protects people from unreasonable searches and seizures. So, under the crime control model where police objectives are searches and seizures (among other things) they have to also be careful not to violate rights – which are a concern in the due process model. The constitution addresses due process in both the Fifth and Fourteenth Amendments stating that the government “shall not deprive anyone of life, liberty, or property, without the due process of law” (U.S Constitution, n.d.) The Fifth Amendment ensures people the right to refrain from testifying against themselves or implicating themselves in a crime; officers have to be careful in their “war on crime” that they aren’t making people incriminate themselves during the course of the arrest and investigation or else it would be in violation of their rights. Also, the Fourth and Fifth Amendments include the exclusionary rule, which means that an officer using the crime control model need to make sure evidence obtained is done so
Show More

Related Documents: Due Process Model Of Criminal Justice

Essay on Police and Crime Control Model

Due Process And Crime Control Models Criminology Essay ukessays.com /essays/criminology/due-process-and-crime-control-models-criminology-essay.php Due Process The basis of the due process model is formal structure. When used correctly, the due process model protects the rights of suspects accused of various crimes. The due process model reduces many errors that occur during the investigation, arrest, evidence gathering, and trial. Due process does not support much of the evidence that is used in…

Words 1386 - Pages 6

Essay On Due Process Model

obtained by the due process model. It’s one of the two models of the criminal process that Herbert L. Packer introduced in 1964. This process helps our country today by trying to prevent crime, protect the citizens from wrongdoers, and receive justice. I believe that this model can create a big impact on our society if we focused on it more. The due process model should be adopted in the Criminal Justice System because it makes the entire process is fair and balanced. Due process model has been our…

Words 607 - Pages 3

Essay about Criminal procedure

Criminal procedure is composed of two models designed by a law professor in Stanford University named Herbert Packer, intending to embody the sets of different values running the system of criminal justice in the United States of America. These are the crime control model, and the due process model which are known to be of contrast with each other. Both procedures will be discussed within this paper, showing the similarities as well as the differences of the same. This will also be a mode in figuring…

Words 1641 - Pages 7

Criminal Justice to Me Essay

To me, criminal justice means the difference between a civil society and all out anarchy. Without a criminal justice system there would be no rules and no protection from the evils of the world. The criminal justice system has its flaws, but without it, the world would be full of destruction and chaos. Now don’t get me wrong, our criminal justice system is not something that I would put all my faith it. With crooked cops, lawyers, judges, prison guards, and politicians even the innocent can be sent…

Words 500 - Pages 2

Essay on Assignment 1 Chapter 2 Crime Control And Due Process

Crime Control and Due Process Allen C. Wayman CJ 470-50 Making Sense of Criminal Justice: Policies and Practices, 2nd edition 2220 Steeple Chase Dr. New Bern, NC 28562 acwayman1@catamount.wcu.edu Prof. Aaron Vassey Western Carolina University January 21, 2015 Abstract 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…

Words 1265 - Pages 6

Criminal Procedure Essay

Criminal Procedure Policy 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…

Words 632 - Pages 3

Criminal Justice and Crime Control Essay

Criminal Justice System Paper Week 1 CJA/204 Gary Combs May 20, 2015 Crime is a wrong doing in our society. Laws are established in our society to keep peace and security in our neighborhoods. When a person violates a known law then a crime has been committed. This is when the models of due process and crime control come into play. “Herbert Packer, a Stanford University law professor, constructed two models, the crime control model and the due process model, to represent the two competing…

Words 915 - Pages 4

Essay Comparing Packer's Crime Control And Due Process Model

and due process models the most notable difference is the way in which defendant are handled once in the court process (Bohm & Haley, 2011). In the due process model, the defendant is presumed innocent until they have had a trial and proven not only factually guilty but also legally guilty. In the crime control process, the defendant is presumed guilty and given a plea bargain to forego having a trial. In comparing the two models to determine which process is more equipped to deter criminal activity…

Words 515 - Pages 3

Nicole Holzer's Paper

Justice By: Nicole Holzer If someone were to ask me what justice means to me, it would be difficult to give just one meaning. To me justice means upholding what is fair for all individuals involved in a specific situation. If a person commits a crime, that person needs to be held accountable for their actions. It does not just mean a criminal goes to court and justice is served for their crime. Although that is one version of justice, justice also has to come to the victims and loved ones of those…

Words 934 - Pages 4

Criminal Procedure Policy Paper

Criminal Procedure Policy Kristen Torres CJA/353 June 14, 2010 Kathleen H. Mooneyhan “Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure…

Words 1453 - Pages 6