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Due Process Model

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Due Process Model
Rule 1 of the Federal Rules of Civil Procedure describes the goal of the judicial system: “to secure the just, speedy, and inexpensive determination of every action” (Schwarzer & Hirsch, 2006). Although, criminal justice is best viewed as both a system and a non-system; the system (i.e., process) approach to criminal justice influences current thinking relating to criminal justice, however not everyone is convinced of the serviceableness of this conceptualization. Both interconnection and fragmentation identify the interrelationships between the agencies involved in apprehending, convicting, and punishing offenders: ergo, these fundamental arrangements can produce tensions and conflicts within each constituent. The fragmentation within the …show more content…
• The crime control and due process models developed by Herbert Packer (1968) are most constructive in understanding the controversy over the criminal courts. The most important value in the crime control model is the repression of criminal conduct focusing on efficiency as a principal measure. In contrast, the due process model emphasizes protecting the rights of the individual based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state (Neubauer & Fradella, 2013).
Naturally there are pros and cons relating to both models. Conservatives are more concerned with law-abiding society as a whole (crime control model); whereas, liberals favor the due process model and are more concerned with individual rights (e.g., civil rights, insanity
…show more content…
The Biblical meaning of justice means that justice must be pursued in a just manner. The methods used to obtain justice must themselves be just. There are no noble lies in God’s Kingdom, therefore violence or deception done in the name of God is always a bad idea. We must utilize great restraint and caution when we confront oppression in the world. God has called us to act justly and seek justice in any situation we find ourselves, regardless of how insignificant an impact we feel we are making. The goal is to improve the circumstances of humanity, be more receptive to human needs, create a better world for all children to grow up in, and possibly contribute a glance of the Kingdom of God as modeled in the lives of Christians. God who is the greatest Criminal Justice Master in the Universe states in no uncertain terms that justice is to be equated with and sanctioned in accordance with the crime committed and that punishments to be delivered swiftly (Genesis 9: 5-6; Exodus 21; 1-31; Leviticus 24:7-22; Deuteronomy 13: 6-11, 19: 13-20, 25: 2; Romans 13: 1-4). Judgment can be laced with mercy and it is possible to aspire to the spirit of forgiveness while exacting necessary

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