6 August 2012
Crime Control and Due Process
Crime Control and Due Process models show different sides to beliefs on how the criminal procedure should occur. They also display different sides of the law as it is applied to the courtroom. Crime Control is designed more towards a ‘victim versus offender’ model. It is designed to ensure offenders are punished and the victims receive their justice. Due Process is more for the defendants and their rights as provided through the Constitution of the United States.
The founding fathers of America believed that no person should be “deprived of Life or Liberty…; without due process of the law” (Cornell Law, 2012). This is why it was added into the U.S. Constitution. Since its creation, due process has been involved in every aspect of criminal proceedings; police work, crime investigations and into the courtrooms. Due process is a common enough phrase, but people still wonder what due process is. Due process is a “fundamental procedural safeguard of which every citizen has an absolute right when a state or court purports to take a decision that would affect any right of that citizen” (“Due Process”, 2012). This process consists of many rights provided to the defendant including one founding principle; the right to be heard and the right to an impartial judge
In effect, due process of the law is the right to be treated fairly. It gives the person a chance to defend themselves and be afforded every opportunity to challenge the charges brought against them. The idea that the defendants are to be presumed innocent until proven guilty is the very basis of the due process system. The U.S. Constitution mentions Due Process twice and five of the Amendments outline the basic structure.
This structure consists of statements made in several of the Amendments. The Fourth Amendment is what provided us with the freedom from unwarranted and illegal searches. It provides that there must be a probable cause and that a warrant must be presented for any searches (Cornell Law, 2012). It goes on to include that no property can be searched or seized without probable cause and notification and that no person may be detained without probable cause and being informed of the charges against him (Dalton, 2006).
The Fifth Amendment continues to support due process by providing limitation against what information is privileged and what is required to be given. It defines the confidentiality of the attorney and client relationship and allows room for choosing not to testify against themselves. Double jeopardy is also covered in this Amendment which protects against repeat charges of the same crime on the same person (Cornell Law, 2012).
The Sixth Amendment outlines a fair trial process. This is central target for unfair or unjust procedures. People sometimes have a misguided opinion of the courtroom as being a place of trickery and deceit (Dalton, 2006). This is not the image that the courtroom wants to have upon itself. In contrast, every effort is made to ensure that the accused is aware and fully understands what is happening within the courtroom. They must fully understand the charges being put against them. This is also where the defendant has the right to face those who are bringing the charges against him and provided the opportunity to defend themselves. The Sixth Amendment also provides for a competent attorney to assist in the defense which does include the protection of confidentiality between the attorney and the client (Cornell Law, 2012).
Both the Fifth and the Fourteenth Amendments state the concept of application for due process. They include that anyone born in the United States or those naturalized are afforded these protections and rights. The Constitution continues that no person shall be deprived of life, liberty or property, without the due process of law.
It is important to note that the due process…