Due Process

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 contest of strength between the Crime Control Model and the Due Process Model is similar to attempting to satisfy every person, each and every second and no one some of the time. Debates are good for both models, but for all growth on one side, there must be one on the opposing side as well. The Crime Control Model, prosecutor or the police, is not in favor for the Due Process Model, a person, to have more rights than they do. Each and every individual who is a United States citizen should know what his or her rights are.

The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life, liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have

So if evidence obtained in violation of due process is brought, then any evidence that comes from the initial evidence is not admissible either.

The great promise of America that has made a British colony in the 50 States today is Freedom. Many Freedoms which still today cause people to flock to the United States. The history of these freedoms starts centuries ago and has developed, revolutionized, and persisted all the way through today. At the core of these Freedoms is the idea of Due Process, the idea that everyone has rights and freedom until they are deprived of them arbitrarily, or by the will of a just third party. Due process has been the most powerful force in American Criminal Justice since its creation and development. It has caused many people to win over the overwhelming odds in court cases and has presided over many righteous

The due process rights are a set of constitutional rights that are granted to the people of a democracy, and cannot be withdrawn by the government. Every United States citizen has the rights to life, liberty, and property, which are the three major due process rights. More specifically, there are other due process rights found in the fourth fifth, sixth, and eighth amendments. These rights protect citizens from things such as unreasonable search and seizures, being tried for the same crime twice, the right to a jury, a fair and speedy trial, and the protection of cruel and unusual punishment. Due process rights are created in a democracy to insure a fair form of government for all

Due process considers patrolling inside the criminal justice structure is critical to preserving integrity inside the social order. Being that it is currently in effect in the United States because this model places an emphasis and priority upon the arrest, prosecution, and conviction of criminals. The crime control model validates an attack on unlawful doings. The expression, “War on Crime” is debated by political figures plus officers on purposes to classify, track, separate, and eventually eradicate unlawful components in the general

FACTS:  Two men Brady and Boblit were were found guilty of murder in the first degree. The two men were sentenced to death. Both of the men received separate trials. After the trial Brady confessed to planning and commission of the crime, but denied personally committing the murder. Brady’s attorney had requested access to the police statement, but one statement was not present to the court. The statement of Boblit, that he confessed, personally committing the murder himself. The defense requested an appeal and the court of Maryland agreed, and the trial of withholding of evidence proceeded, the court ruled that this was a violation of due process, and remanded the case, and new proceedings commenced.

The PSR is then disclosed to the defendant prior to sentencing to provide the opportunity to contest inaccurate assertions in the report. Once specific objections are raised, the judge is obliged to make a finding as to the factual dispute. However since the Sentencing Guidelines do not mandate a full evidentiary hearing and the means by which the judge comes to this conclusion is left entirely to his own discretion. Ultimately, the determinations of fact greatly impact the sentencing range the defendant is exposed to.

This model uses the saying; everyone is innocent until proven guilty. This model does not focus on how many people the police can arrest, it actually deals with the individual, making sure the right person was arrested for a crime they committed. The Due Process Model matches to courts in the Criminal Justice System. The court system deals with personal rights, and are set up to protect personal rights. The Due Process Model has four components to it, individualization, quality, formality, and courts. Individualization says that cases should be thorough and long, to make sure efforts are taken to prove an individual is innocent. Quality pays attention to the details of the case. This step wants to make sure that no innocent man or women is charged with a crime they did not commit. Formality deals with biased opinions, no individual should be judged outside of a case unless documentation or case information is released. Concluding the Due Process Model, the final step is courts. This states that no case should be flawed, and if it is that case needs to be removed immediately. Courts are set up to protect civilian rights, not to judge or convict an innocent

Due process is defined as the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards. (Wilson, James Q. (2009). American Government (9th Edition). Ohio: Strayed University.)

According to our text book Criminal Justice Today: An Introductory Text for the 21st Century “due process means procedural fairness” (Schmalleger, 2015, p. 20). Due process is not a single thing, but many different things that are constitutionally set in stone. The Bill of Rights establishes a series of rights which due process helps to protect. The fourth, fifth, sixth, and fourteenth amendments are essential to guaranteeing that everyone individual is entitled due process (Schmalleger, 2015). When a person is being accused of breaking law this is what helps protect the individual by ensuring the government is restrained from violating their rights. All persons are to receive a speedy trial which prevents the government from detain and hold an individual for years before even being convicted. Requiring the government to have probable cause before an individual is searched or arrested. Allowing witnesses to be brought forth to be

The “crime control model” refers to a theory of criminal justice which places importance on reducing the crime in society through increased police and prosecutorial powers. This means that the model wants to see criminal cases handled through quick procedures and direct handling of cases from start to finish. The model believes that if a police officer has respected a person’s rights from the beginning of the case until the conclusion of arrest then the individual is likely to be guilty. The model could also be described as founded on the presumption of guilt.

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.

Following such protocol could help in cases where classifying a person’s guilt is based on fact finding by way of fair and honest legal procedures instead of presenting facts alone. Because the rights listed in the Constitution are not simple, accountability and liability must be present for criminal justice officials and authorities. Equality and uniformity should have a place in the justice process.