Criminal Procedure Paper

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Criminal Procedure Policy Paper
Michelle Brown
June 27, 2010
Lawrence Binkley

The tug of war between the Due Process Model and the Crime Control Model is like trying to please everyone all of the time and no one some of the time. There are good arguments for both models but for every increase on one side there has to be one on the opposite side. The Crime Control Model, the police or prosecutor, doesn’t want the Due Process Model, the individual, to have more rights than they do. Every person who is a United States citizen should know what their rights are. What is the importance of the incorporation of the Bill Of Rights into the 14 amendment? The individual is given the same consideration from the state as the individual receives from the federal government. Until the incorporation the states did not have to abide by federal regulations. In the 14th amendment the states must follow Due Process Law and read you the Miranda Rights. An individual was not guaranteed to receive the Miranda rights until after the incorporation. The Supreme Court and the role it plays in the incorporation of the Bill of Rights into the 14th Amendment. How the function of the Supreme Court is and how it can affect cases that were tried on a state level.

Criminal Procedure Policy Paper
“The Constitution guarantees that the government cannot take away a person’s basic rights to ‘life, liberty or property, without due process of law’ (The Lectric Law Library, 1995). To narrow the description down to one word fairness would be the simplest word to describe due process. Due process focuses more toward an individual’s rights and minimizing the government’s powers over an individual. Whereas the Crime Control Model can be described as maximizing the governments’ power over an individual by increasing the power of the police and the prosecutor’s office. There is controversy between the two different models for the criminal justice system. Both models...
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