Crime Control Versus Due Process Essay
The American judicial system's need for an effective strategy to combat crime has been a continuously debated issue. While employing the adversarial models of crime control and due process, America struggles to find balance on a pendulum between individual rights and social order. In this window of opportunity, crime control and due process are examined and reflected into the eyes of society.
The primary goals of the American Criminal Justice system are simply to enforce the law and maintain social order, while protecting the people from injustice. Created by Herbert Packer in the 1960s, the crime control model places emphasis and priority upon the aggressive arrest, prosecution, and conviction of criminals. The due process model focuses on the rights of the accused (Roberson, 2003,p13).
Twentieth century America experienced an explosion of individual rights beginning with the sixties' civil rights era and continuing even today. Due process advocates argue that the purpose of any civilized society is to secure rights and freedoms for each of its citizens-including the criminally accused (Schmallenger, 2003, p.18). The nature of individual rights is to ensure each individual receives protection as stated by the Bill of Rights. As the highest law of the land, the Bill of Rights must be enforced. Without these rights, Americans might be reduced to governmental automatons, and forced back into the dark ages of segregation. Persons, not yet convicted of crimes, should retain their rights. After all, we are an "innocent until proven guilty" society.
The criminal rights perspective holds that it is probably necessary to allow some guilty people to go free in order not to convict the innocent (Schmallenger, 2003, p.18). This writer disagrees with this statement. The justice system, while not perfect, holds the difficult, if not somewhat impossible, task of separating the guilty from the innocent. Unfortunately, real criminals sometime escape prosecution, while innocent victims are imprisoned. Society is infatuated with crime, its victims, and criminals.
Due process advocates believe that it is most important to value individual rights within the criminal justice system. They believe that under no circumstances should the criminal justice system violate an individual's civil rights (Schmallenger, 2003, p.18). Supporting the rights of convicted felons to the full measure of the free, is inconceivable. Criminals should loose many of their frivolous freedoms allowed behind cell walls. Conjugal visits, television, and computers should be rewarded for good behavior, not for being human.
Individual rights advocates also contend that the basis of American values and culture are found in our individual rights (Pursuit of Happiness, 2002). In other words, if we begin to erode our rights in favor of collective rights, we will undermine the structure of America. In fact, this group contends that the cultural values of a country are...
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Due Process vs. Crime Control Model
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Due Process vs. Crime Control Model
The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
Some of the differences between the due process model and the crime control model are in the due process model people that are arrested are perceived to be innocent until proven in a court of law. The crime control model believes that the people that are arrested are guilty and need to be punished by the government. Another difference with both models is the due process model believes that policing within the criminal justice system is essential to maintaining justice within society. The crime control model believes that the arresting of people in the criminal justice system has a negative effect and slows down the process of the criminal justice system. One more difference is the due process model believes in the rights of the defendants and proving their guilt is essential to keep the government in control. The crime control model believes that the rights of the defendant cost too much and the criminal justice system should be spending more money on recruiting police officers and building prisons.
Although both models have some differences, they also have some similarities. The due process model and the crime control model both believe that the defense counsel’s job is to act as an advocate within the criminal justice system. Another similarity of both models is they both believe that criminals should be punished if they violated the law.
There seems to be more differences than similarities between the due process model and the crime control model.
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Crime Control Due Process Criminal Justice System Negative Effect Police Officers Assumption Law Enforcement
I believe that both models play a vital role in the criminal justice system as a whole. I am more in favor of the due process model because as a society each person needs to be innocent until proven guilty in a court of law. The due process model and the crime control model are both needed so the United States can balance out the rules within the criminal justice system.
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