Criminal Procedure Policy Paper

1457 WordsJun 27, 20106 Pages
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 is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty, Herbert Packer studied the competing values that underlie the constitutional order through the Due…show more content…
In addition to similarities, there are also many differences between the two models. According to Packer, “The Crime Control Model emphasizes that the repression of criminal conduct is by far the most important function to be performed by the criminal process because public safety is essential to personal freedom” (Zalman, 2008, p. 5). Because this statement supports that, any apprehension of an individual by authorities is guilty because of the assumption that police and prosecutors are accurate in his or her decision of arresting and detaining the correct individual people may view this as a negative component to the model. The Crime Control Model resembles a conveyor belt because it moves the alleged criminal through the system on the assumption that the alleged is guilty until proven innocent. On the other hand, the Due Process Model looks like an obstacle course. Even though this model respects the repression of crime, it does not believe that the findings of police are always accurate and the criminal justice system is subject to errors. The Due Process Model allows the alleged offender a chance to discredit any information found against him or her. If an offender is guilty of a criminal offense, he or she has the right to engage in many appeals. “The demand for finality is thus very low in the Due process Model, Packer states” (Zalman, 2008,
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