The Following Exam Is An Open Book Exam

Does everyone deserve the opportunity to receive justice according to due process principles in spite of crime control

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.

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.

The major difference between the crime control model and the due process model of law enforcement is that crime control works to repress criminal activity, and due process works to protect a person's rights. Crime control is more focused on the community well-being, versus due process which focus's more on the person who committed the crime. Crime control also believes that it is better to detain an innocent suspect rather than let them be free until proven guilty. Obtaining evidence becomes the number one priority for crime control. Due process only allows evidence to be collected a certain way. Criminals may be allowed to go free if a there was an error in collecting evidence. For an example, in the O.J Simpson case there were issues involving

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.

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,

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

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

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

This class is the first in my major of Criminal Justice, and throughout this class there will be a great deal of valuable information obtained. Justice can have several meanings to it because all of us are different in our own way, and we all will have different outlook on situations. Throughout this research paper you will learn about what justice means to me, and how I think I will impact society once I achieve my bachelor’s degree in Criminal Justice. Secondly, you will be able to compare with the remaining of the class mates to see exactly how many of our views are the same or different. Last but not least, there will be at least two

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.

The due process model, however, asserts that a criminal justice system should be deliver fairness and follow the set processes and procedures when delivering justice. The crime control model believes that a criminal judicial system should focus on

In one of the most important contributions to systematic thought about the administration of criminal justice, Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system.