The Mechanisms Of The Criminal Justice System

Crimes exist from ages, even though countries have enforced laws and punished those who commit crimes. Countries also increased the size of the police as well as the law enforcement, but still people violates the law. When watching a TV, or reading a newspaper, it is really impossible not to hear or read about crimes including murder, robbery, abusing, or any violent act. With the increasing of crimes, criminals, and the evidence, therefore “Herbert Packer (1968) described two fundamental criminal justice models: the crime control model, and the due process model” (Cole, Smith, & DeJong, 2015), in order to protect the citizens from the lawbreakers and to receive justices. There are a pros and cons of each model that will be discussed in this essay.

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.

There are two models that describe the criminal process. One model is the Crime Control Model and the other is the Due Process Model. These two models describe an attempt to abstract two separate systems that

The Crime Control Model states that there may be some individual rights that need to be sacrificed for the good of society as a whole. In the Crime Control Model crime is actively and aggressively pursued and punished. Some of the methods used to employ this method are "targeting high crime areas, increased patrols and traffic stops, profiling, undercover sting operations, wiretapping, surveillance, and aggressive raids and searches." (Perron) The benefits of the Crime Control Model are that criminals and crime itself is what law enforcement begins to target. The negative effect is that the zealous pursuit of crime and often result in huge amounts of collateral damage or even loss of human life.

A conspiracy theory is a theory that argues that the rich and those with power seek the make sure the criminal justice system fails because they benefit from that failure. Conspiracy theories are hard to be proven and for it to succeed, it has to be kept a secret. There’s no credibility in the sources due to the degree of secrecy. Conspiracy theories are invalid because it doesn’t correspond with how people behave most of the time. The Pyrrhic defeat theory isn’t a conspiracy theory because the theory bases itself on why the criminal justice system fails and that’s due to our own shortcoming of not trying hard enough to prevent it.

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.

A model describing the criminal justice system by Packer (1964) offers two separate ideas with very different values based on which political party holds office. For people with conservative views the crime control model is suggested. In this model, the main concern is to control and reduce crime to a minimum, as well as keep it efficient. On the other hand, is the due process model and is tied to liberal values. In this model, equality and due process are the main concern.

The criminal justice system has many different models. Among them are the crime control model and the due process model. The crime control model focuses on the “standardized, expeditious processing of defendants through the court system and the uniform punishment of offenders” (Rich, 1977, pg. 92). The due process model, however, focuses more on an individual’s procedural rights. History shows that the U.S. will follow a sort of pattern, swinging from due process model from 1781-1900, to crime control model in 1900-1960, back to due process model in 1960-1969 and back to crime control from 1969-2013 (Samaha, 2015, pgs. 44-46). Nowadays, U.S. criminal procedure seems to be favoring the crime control model; however, an ideal criminal justice system would

Packer’s due process model is much different from the crime control model. “Politically, it embodies traditional liberal values. In this model, the principal goal of criminal justice is at least as much to protect the innocent as it is to convict the guilty” (2011).

After reading The Criminal Justice System Politics and Policies Chapter one introduces the two models of the criminal process. Chapter one gives a detailed description of both Due process and the crime control model these two separate value systems compete for priority in the operation of the criminal process. The author Herbert L. Packer examines the way the models operate in each successive stage, he states that “the two models are polarities and so are the schemes of values that underlie them”. This chapter shows how the crime control model falls on the prosecutors how they must be able to process apprehend and convict. With the due process the focus is on the defense attorneys who’s main concern is protecting their clients rights to

The main idea covered by the crime control model is that police officers assume “presumption of guilt” or “guilty until proven innocent.” Law enforcement and court prosecutors’ determine the probability of guilt based on a number of screening processes. However, the due process model is grounded on the idea that “reliability is of at least as much importance as efficiency” or “innocent until proven guilty.” (Macdonald, Constructing A Framework For Criminal Justice Research: Learning from Packer's Mistakes, 2008)

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.

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.

Although there is much conflict between the models, both share slight comparisons. The existence of common ground allows minor resolutions between the two models to occur. One universal idea both share is that police and prosecutors cannot ignore violations of the law; each official must enforce the

The function of the criminal courts in society is to control social order and protect the community. The criminal justice system is always changing because of updated laws. The criminal court has five components; the judge, the prosecutor, defendant lawyer, the defendant and the juror. Each component works together to provide the best result for both defendant and society. There are a few models inside the criminal court system that help depict the usefulness of how the courts work. Two of these models are the adversarial model and the second is the consensual model. The adversarial model is when the prosecutor and the defendant 's lawyer both speak before the judge and jury to show evidence pertaining to the defendant trying to prove innocence or guilt. In a consensual model, is where the prosecutor and defendant 's lawyer hash out the charges against the defendant and agree on an appropriate punishment. (Barken),pg 268 There are two more models inside the criminal court system that help portray the court 's efficiency this would be Due Process Model and the Crime Control Model, these solves the predicament confronted by the criminal courts to guarantee a person freedom and the need to protect the people. These two models comprise of analyzing crime and permitting the right justice to be conveyed. Due process method was intended to verify defendants had their rights ensured and that they had a reasonable opportunity to protect themselves in court. This model assumes that