Criminal Justice

Topics: Criminal justice, Conservatism, Political philosophy Pages: 2 (424 words) Published: January 22, 2013
1. The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society. 2. Criminal justice should concentrate on vindicating victims' rights rather than on protecting defendants' rights. 3. Police powers should be expanded to make it easier to investigate, arrest, search, seize, and convict. 4. Legal technicalities that handcuff the police should be eliminated. 5. The criminal justice process should operate like an assembly-line conveyor belt, moving cases swiftly along toward their disposition. 6. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is highly reliable. 7. The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused. The due process model should prevail

Packer's due process model is a counterproposal to the crime control model. It consists of these arguments: 1. The most important function of criminal justice should be to provide due process, or fundamental fairness under the law. 2. Criminal justice should concentrate on defendants' rights, not victims' rights, because the Bill of Rights expressly provides for the protection of defendants' rights. 3. Police powers should be limited to prevent official oppression of the individual. 4. Constitutional rights aren't mere technicalities; criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process. 5. The criminal justice process should look like an obstacle course, consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually guilty. 6. The government shouldn't hold a person guilty solely on the basis of the facts; a person should...
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