Essay about Comparing the Due Process and Crime Control Model

The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.

The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).

The criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy, 1999)

According to Rachel Boba, “Crime analysis is a law enforcement function that involves systematic analysis for identifying and analyzing patterns and trends in crime and disorder” (en.wikipedia.org/wiki/Crime analysis).The information on these patterns can assist law enforcement agencies in the deployment of resources in a more effective manner; it can also help detectives to identify and catch suspects. Crime analysis also plays a role in improvising solutions to crime problems, and developing crime prevention strategies. There are various types of technology that is used in crime analysis. Crime analysis relies heavily on computer technology, and over the past fifteen years there has been a significant improvement in computer hardware and

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

As a community we long to know that we are safe from criminal activity on all levels. If we have property stolen or vandalized we expect that the perpetrator will be caught and held accountable for their actions and restitution will be brought forth. If a “mad man” is on the loose raping and kill members of our community we expect they will be caught and sentenced in the legal system and order will be restored. In reality we know that this is not an actuality. Often criminals accept plea deals, overcrowding of jails provide sentences to be reduced, and lawyers find “loop holes” for their defendants and no time is served.

Chavis, Benjamin F., Jr. "U.S. Criminal Justice System Needs Urgent Reform." Washington Informer, Mar 2015, pp. 24-24,41, Global News stream; ProQuest Central, http://ezproxy.gsu.edu/login?url=https://search-proquest-com.ezproxy.gsu.edu/docview/1669733723?accountid=11226.

For the past 50 years, America’s criminal justice system has encountered several significant changes dealing with courts and policing. According to Marion and Oliver (2006), the historical Supreme Court rulings like Mapp v. Ohio and Miranda v. Arizona mold the way courts and law enforcement handle individuals charged with committing crimes. This paper will discuss the evolution of courts and law enforcement reflects the diverse and changing need for today’s population which is first importance, the urgency for cooperation and communication among criminal justice agencies and law enforcement within the country. Individuals must

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.

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

Immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. This controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and, how in addition to these rights secured by America's forefathers, a number of institutions have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, the criminal

There have been a number of changes within the legal and criminal justice system in the last 3-4 decades. History remembers, for example, the Kent State and Chicago Democratic Convention riots in 1968, and since then, a number of criminologists and political scientists have been asked about the use of force, rights-based policing, community involvement, and crime prevention (Russell 2005). The Red Cross and Amnesty International, for instance, have endorsed a rights-based policing model. This idea tempers all police activity with the basic tenet of human rights and rights under the Constitution. Central to this argument is the nature of the relationship between the community and the Criminal Justice System. Local law enforcement bond with community members to implement the day-to-day needs of that community. The idea centers around a basic philosophical tenet: use less force, communicate more, pay attention to human rights, and work to dialog and prevent, not to punish and incarcerate (Williamson 2008).

These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward

American Criminal Justice System The criminal judicial system in America has two main models, the crime control model and the due process model. There has been several debates on which model is the most effective in combating crime in America. Crime control model emphasizes on crime reduction by increasing prosecution powers (Hung-En, 2006). On the other hand, the due process model of crime control aims at increasing the people’s rights and liberty and limiting governmental powers. Unlike the due process model, the crime control model believes in with an increase in governmental powers and reduction of individual freedom in order to mitigate crime in the society.

Although rationality does not always exist, much of the functioning of criminal justice agencies is unplanned, poorly coordinated, and unregulated. Existing systems include some components that are very ancient, additionally each of the institutions have their own set of goals and priorities that sometimes conflict with those of other institutions, or with the goals and priorities of the system as a whole. Furthermore, each of these institutions have substantial unregulated discretion in making particular decisions such as the victim's decision to report a crime (Frase & Weidner).