Due Process

1391 Words6 Pages
Due Process And Crime Control Models Criminology
ukessays.com /essays/criminology/due-process-and-crime-control-models-criminology-essay.php
Due Process
The basis of the due process model is formal structure. When used correctly, the due process model protects the rights of suspects accused of various crimes. The due process model reduces many errors that occur during the investigation, arrest, evidence gathering, and trial. Due process does not support much of the evidence that is used in many criminal trials, and there are many reasons and factors for this.
Basically, the due process model criticizes every type of evidence except definitive physical evidence that cannot be disputed. The object of looking at evidence in the
…show more content…
Much of the population is in favor of the due process model, because of reasons such as equality, human rights, and freedom. Undert the United States Constitution each individual has certain rights, and the due process model helps to maintain and restore these rights (Henham, 1998).
Law enforcement agencies generally prefer the crime control model; they treat suspects who are arrested as though they have already been found guilty (Henham, 1998). The due process model protects individuals with the 4th and 8th amendments which address the issues of illegal searches on individuals suspected of crimes, as well as the right not to incriminate one's self (Choongh, 1998).
State Court Systems Model of Choice
It appears that each of the models are very unique and are used for different purposes. Just as different defense attorneys have different styles and models that they follow, so do law enforcement officials and prosecuting attorneys. The model that is used is completely up to the individual who is gathering the information and investigating the crime. In an ideal world, the due process model would be the model of choice, because it helps keep the rights of individuals intact, as well as serving its purpose in the criminal justice system. Both the crime control model and the due process model have a positive side as
Get Access