Comparing Two Criminal Justice Models

The Due Process and Crime Control Models are able to coexist. Frank Scmalleger, a noted criminologist, support a new approach where "it is realistic to think of the U.S. system of justice as representative of crime control through due process." (Schmallager et al, 1999) In using both of these models law enforcement and the judicial system can

The Crime Control Model and the Due Process Model are often used in combination with each other in most of the modern day criminal justice process. In the case of Dzhokhar Tsarnaev, who was the primary suspect of the bombing occurred during the Boston Marathon on April 15, 2013, the enforcement actions that the police took on him were however mainly based on the Crime Control Model. The process was first focused on the efficiency of capture the suspect based on factual guilt rather than the taking the longer Due Process with Legal Guilt.

There are two distinct types of models that are found in the English criminal justice system. These are the crime control model and the due process model. They vary in their characteristics and are considered to take divergent objectives. Basing on their evident differences, one of them is actually considered being more effective than the other if the new wave and rate of crime being witnessed in the society is anything to go by. This paper therefore seeks to identify some of the differences between these models and point out that which is considered as effective in dealing with rate of crime in our current society.

One difference between crime control model (the assembly- line justice) and due process model (obstacle-course justice) is that crime control emulates traditional conservative values, and due process demonstrates traditional liberal values. In crime control criminal behavior is the most important function of criminal justice, and due process main goal in criminal justice is as least as much to protect the innocent as it is to convict the guilty. In other words it would rather let someone go that is guilty, than to convict and charge someone of a crime that is innocent. Crime control main focus is on the competence of the criminal justice process. Supporters of the crime control like to see cases move through and close as quickly as possible.

Justice today faces many unique challenges; some of which are investigating crimes and bringing criminals to face justice. The uniqueness of some crimes require the expertise and deduction to detect criminals and to correctly identify and categorize the crime committed. The criminal law process is lengthy, it requires many hours of research, and law interpretation. A law professor of Stanford University Herbert Packer (1925-1972) constructed two models that represent the values that operate in the criminal justice system, both values have pros and cons but their bottom line is the safety, good order, and justice.

The benefits of comparing criminal justice systems internationally is to gain insight as to the differences and similarities of our system, giving us an idea of what works where and why. More specifically, learning from others experiences and methods of incapacitation, rehabilitation, restitution, and learned obedience to the law. Every country has different cultures and norms, comparisons of different legal practices through history helps in understanding human behaviors and how they have evolved. Secondly, the author’s perception is one that we do not plunge into a narrow, national focus of ethnocentrism believing that the United States has nothing to contribute or learn. Lastly, transnational crimes brought to our doorsteps from foreigners

Over the years, in the United States the approach to sex offenders has changed. The criminal justice model doesn’t see sex offenders any different from any other type of crime. Sex offenders are responsible for their actions. In contrast, the medical model see/believe sex offenders as mentally ill with diagnosable sexual disorders. Laws in the United States are based on this model. Offenders are usually admitted to a hospital or a mental health hospital.

Herbert Packer, a Stanford University law professor, developed two models of the criminal justice system (CJS) in the United States, the crime control model and the due process model. This has now been implemented and applied to the CJS of England and Wales and there are several examples of due process and crime control measures which this CJS is made up of.

There are two crime models the crime control model and the due process model which both are different in many ways. These models as Packer’s are described as a competition between two valued systems. Both systems have their positive and negative ideas and are the foundation of the criminal justice system. The crime control model which reflects the traditional and conservative values (Republicans) and the due process model which represents traditional liberal values (Democrat) (Bohm, & Haley, 2012). When there is a Republican president in office, then the crime control model is put into effect, and when there is a Democratic president in office, then the due process model is used more.

Firstly, I found the two Models of Criminal Justice System to be compelling. I was unaware that there were two competing views on the Justice System, the views being crime control and due process. To define these terms Roberts and Grossman (2016) stated, “the crime control model

Justice system of the United States is in the doctrine of separation of powers (legislative, executive and judicial) and monitor the constitutionality (judicial review), meaning that the judiciary at any level can be seen in some of the laws legislative or executive are unconstitutional and fail to apply them. On the basis of the common law, case law is the rule adopted by the courts of the United States. Jurisprudence constitute the universe of rules and principles that provide support to the votes cast by the courts. Following the doctrine already taken such decisions take effect for binding dispute settlement, unless there is a differentiation in new conditions or are modified by another resolution (veto). Judicial decisions and published regularly in what is called the reports, which form the legal basis for future research.

As a preface to this assignment I would like to say that it is virtually impossible to inset all the solutions to a nations criminal justice problems in a one page (per county) summary. With the diverse nature of all 4 countries, to be able to “fly” into a foreign land at the request of the leader, and be given “Carte Blanc” to handle their criminal justice problem is about as impossible as implementing all that is needed to fix their criminal justice system issues within the perimeters of this paper. I would actually like to be alive in 2025 and to see this happen (other countries allowing us to handle their criminal justice systems) it might be akin to the forefathers of this country (Washington, Jefferson, Hamilton etc)

The process of the Criminal Justice system works around flexibility and compassion to the individual attempting, far more than it used to, to refrain from formulating biased and impulsive judgment. All situations of the individual's case and background are taken into consideration and various programs exist to afford the individual the opportunity of reforming rather than being punished. Similarly, too, the more serious the crime, the greater the amount of facts are required in order to prove that the crime was actually committed. Preferring to exonerate rather than convict, justice and compassion are, nonetheless, combined with attention also placed on assuring the community maximum protection. Extreme punishment such as incarceration is also far less common than it was in eh past with various other programs and approaches used to supplement and replace the institutions of jail and prison

There are a variety of different justice systems throughout the world and each one of them has their own set of laws and regulations. The study of comparative justice systems is a subfield of criminal justice stems from the international science criminology. Criminology is aimed at retrieving knowledge about crime as a way of reducing crime by understanding crime patterns and behavioural phycology (Nezhurbida,2011). While criminology studies why and how crime happens; comparative justice systems studies how those different statistics vary from country to country and isolates the reason why. Each country has its own justice system that regulates law and maintains order in their society.

Constructed by a Stanford University law professor, Herbert Packer, the Due Process Model starts with skepticism about the morality and utility of the criminal sanction, especially in relation to "victimless crimes" based on consensual transactions. This skepticism is based on the liberal values of the primacy of the individual and the complementary concept of limitation on official power and concerns about the intrusive policing required to enforce drug, obscenity, and prostitution laws. Many police abuses could be prevented if the legislature did not insist on criminalizing such activities. Decriminalization would also reduce the workload of the criminal justice system and allow more time to be devoted to respecting the rights of those accused of more serious crimes. The due process model places much less emphasis on efficiency and guilty pleas than the crime control model. The validating authority comes from the Supreme Court and the restrictions that many courts are interpreting the Constitution have many places on the state's creation and pursuit of crime (Roach, 1999).