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Due Process Model Vs Crime Control Model Essay

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Due Process Model Vs Crime Control Model Essay
It has been said that any given justice system will generally adopt one of ‘two conflicting value systems that [compete] for priority in the operation of the criminal process]Of course, these two systems are the Crime Control and Due Process models mentioned above; and whilst it is true to say that they stand for inherently different values and most people are inclined one way or the other, Packer has said that ‘anyone who supported one model to the complete exclusion of the other ‘would be rightly viewed as a fanatic’.[2]

The Crime Control model (CC) has been described as a conveyor belt by Sanders and Young. This is perhaps due to the nature of the system which moves quickly, knocking off various suspects one by one. Abolishing crime is
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The Due Process model (DP) on the other hand, could be described as the antonym of crime control. It is based on procedure and sensitivity to each case – placing as much importance on the process as the end result. Sanders and Young have said that its aim is as much about protecting the factually innocent as convicting the factually guilty, which automatically denotes far fewer convictions.

The willingness of DP to sacrifice crime statistics in the name of preventing demoralising and oppressive behaviour is perhaps founded on the belief that we must teach by example and are failing to educate offenders when we too become law-breakers. “To seek to condemn and deter these people for their supposedly free-will decision to breach the criminal law smacks of cruel hypocrisy, particularly when there is a failure to provide for the individualised and humane rehabilitation of offenders.”

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