Crime Control Model And The Due Process Model Of Law Enforcement

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.

Both models’ fundamental principal is discovering the truth. The crime control model focuses on the truth regardless of how it is reached whereas the due process model places restrictions on what the state can do to discover the truth. In addition, the crime control model aims for the repression of criminal conduct, whilst the due process model aims to prevent and eliminate crime. Packer’s intentions were not to create two separate models; rather he intended to create a spectrum from one extreme to the other. The Scottish legal system does not wholly consist of crime control elements nor due process elements. It is a mixture of both of these models that attempts to balance the rights of the state to secure a conviction, with the rights of the accused to a fair trial. It can be seen that there is not an appropriate balance between the two as there is not equal and proportionate rights given to both parties, resulting in excessive protection being given to the defendant. This imbalance is best described by discussing the powers of the state in contrast to the defendant’s rights pre-trial and during trial.

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)

The only similarity between Due Process and Crime Control Model is that they both relate to the framework of the United States Constitution. They both embrace Constitutional work and values relating to our adversarial system. Both models make it known that law enforcement including prosecutors and police are not allowed to act against a person unless there is some probable cause and evidence that illustrates that they violated the law.

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.

When comparing the crime control law enforcement approach in contrast to the approach the rights-based approach to law enforcement it is import to the differences in being a crime fighter versus a public servant. The dynamics of each bring uniquely different philosophical objectives and outcomes for the public. What is the primary role of law enforcement? Some would argue combating crime is the primary role. Others would argue providing protection through service is the primary role. In either case, when examining each philosophy it is important to objectively view the outcomes each provides.

A conspiracy theory is a theory that argues that the rich and those with power seek the make sure the criminal justice system fails because they benefit from that failure. Conspiracy theories are hard to be proven and for it to succeed, it has to be kept a secret. There’s no credibility in the sources due to the degree of secrecy. Conspiracy theories are invalid because it doesn’t correspond with how people behave most of the time. The Pyrrhic defeat theory isn’t a conspiracy theory because the theory bases itself on why the criminal justice system fails and that’s due to our own shortcoming of not trying hard enough to prevent it.

In this case, the advantages of the crime control model would be that they would catch more guilty people. Which is a good thing because they may be getting the dangerous or hateful criminals off of the streets, increasing the safety of the public. Along with that they would actually be getting punished because in many cases criminals are let go. While the advantages of the due process model would be that the ones found innocent would be let go if there was no evidence. Sadly, many incarcerated are not guilty and in this case all of the strip searches and questioning would give them the ability to prove their innocence.

These two models symbolize a trial to conceptualize two different value bases that contend for precedence in the functioning of the criminal course. This is an aspect that points to there being a number of widespread differences between the two models that shall be explained. A case in point is that while crime control model seeks to offer effectual crime control, the goal of the due process model is to actually offer due justice.

The criminal justice field faces the challenges of getting criminals off the streets, and prosecuting them, while using limited funds and manpower. Citizens expect results, and want to feel safe when they are in their own neighborhood. On the other hand, citizens in our democratic country expect people to be treated fairly, and feel the need to make sure that no innocent people are wrongly sent to jail. It is a balancing act of keeping the community safe on one hand, and on the other, making sure that no one’s rights are violated. It is like being told to do a job, but then having all these rules and obstacles you have to navigate around in order to do your job. The following paper is a study of the differences between due

Part 1: Nature, Extent, Impact of Crime Policy on Crime & the Administration of Justice in the U.S.

Without trial is it possible to describe the court system as legitimate (again, consider Tyler)? Does Galanter’s description of the court process fit more into Packer’s Crime Control Model or Due Process Model of criminal processing?

Then there is the “due process model.” The due process model demands reliability with a decreased importance on efficiency. Unlike the crime control model, the due process model believes that the investigative and prosecutorial fact finding is prone to error and should be investigated further by individuals other than those involved with prosecuting the case. This model can be described as the step by step examination of individual due process.

However, the due process model emphasizes on the role of individual liberties in reducing crime. It believes that when given freedom and liberties, people have the ability to eliminate crime in the society. Based on the rate of crime in the society, the crime control model is the most effective to reduce crime. One of the key differences between the two models is in their perception of crime repression. Crime control model asserts that the criminal justice system should aim at crime repression as its most important function in order to reduce crime in the society.

The Crime Control Model of Criminal Justice is seen as the harsher way of dealing with criminals in our society. It could be said that the Crime Control Model is a quicker and easier way to handle cases in our criminal justice system. The Crime Control Model was established to punish those who were accused of committing a crime and deterring others from committing those same crimes. Under this model it is believed that those who arrested are usually guilty for that crime and should be punished accordingly. This model makes sense and is a great model until you have an innocent person get arrest and sentenced for a crime they did not commit. The Crime Control Model also was made to work like an assembly line, bringing one case after another into the court room and then convicting them of whatever crimes they were accused of. In this model they attempt to get all the criminals off the street and make sure that the victims get justice. Under the crime control model there is no need to hear out what