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Criminal Procedure Policy Paper

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Criminal Procedure Policy Paper

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  • October 2010
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The two models of crime that have been opposing each other for years are the crime control model and the due process model. These two models were developed by Herbert Packer, a law professor at Stanford. Political climate determines which model shapes criminal justice policy at a specific time. During the 1960’s due process dominated criminal procedure whereas the mid 1970’s to present day, crime control is dominating criminal procedure. These two models as well the Fourth, Fifth, Sixth, and Fourteenth Amendments shape the criminal procedure policy as it is known today.

Crime Control Model

The most important value of the crime control model is the repression of crime. Unless crime is controlled, the rights of citizens who abide by the law are not protected and the security of society will diminish. Crime control reflect conservative values, therefore the cause of crime is viewed as a breakdown of individual responsibility. Under the crime control model, police powers should be expanded to make it easier to investigate arrest, search and seize, and convict. If 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. This model allows for cases to move quickly through the criminal justice process like an assembly-line towards disposition (Zalman, 2008). The assembly-line approach achieves a priority of crime suppression. Advocates of this model are concerned that criminals “beat the system” and “get off easy”. In their view the cure is to eliminate legal loopholes by curtailing the exclusionary rule, abolishing the insanity defense, allowing for preventive detention of dangerous offenders, and increasing the likeliness of punishment (Neubauer, 2005).

Due Process Model

In contrast, the due process model emphasizes protecting the rights of the individual (Neubauer, 2005). Liberals see crime not as a product of individual moral...

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