Due Process Vs 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.

Due process is when all criminal suspects are guaranteed that they will have the ability to question the evidence against them in an open format. This is where they are entitled to the same protections and procedures as everyone else during a criminal proceeding. As a result, anything that is denying them of these safeguards is violation of their basic rights. (Sundahl, 2011)

The crime-control implications for this perspective are basically based upon creating effective punishment to eliminate crime. These measures must be humane and adhere to human rights to successfully keep criminals from committing the

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.

Reiman and Leighton comprehensively begin the discussion of crime by outlining their main objectives, establishing the immediate problems surrounding crime control in America, and setting the groundwork for their premises. In recent years, the crime rate in the United States has declined. This decline is generally attributed to ‘tough on crime’ and mass incarceration policies, but the authors are quick to assert that other variables--economic, social-- are greater contributors to this decrease, with the ‘imprisonment binge’ only actually contributing a small amount to the decline. These strict crime enforcement policies might have a small impact on crime prevention, but criminologists are concerned with the potential effect such policies might have on criminal justice procedures--promoting profit rather than safety-- and endangering citizens’ rights (particularly those considered minorities).

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 value basis that underpins the crime control model is founded on the suggestion that the despotism of criminal behavior is by a great extent the most essential function to be undertaken by the criminal process. The absolute let down by the law enforcement to curb and control criminal behavior is perceived as the principal raison d'être leading to a crash of public order and a broad ignorance of the legal control measures are likely to grow. Accordingly, the crime control model takes cognizance of the maximization of the number of wrong doers caught, stopped and dealt with by 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

As we can see, due process has changed our justice system from hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard

In our government today we have due process of law. Due process of law simply means that we have protection against a chance deprivation of life, liberty or property. Within the due process law, if you are to be accused of something it has to be under fair and reasonable circumstances. If we are ever to be arrested of something, under due process it commands that we are taken to court and showed a cause. It is very important that we have due process in the law for the people of the United States. Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of

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?

I have come to the conclusion after reading this article that the intended audience is anyone involved in the criminal justice system. Police officers, lawyers, judges, probation officers and everyone in between can find use in the article and its comparing and contrasting of the crime control model and due process model.

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.