Two Models of the Criminal Process
Policy Analysis III-Compare and Contrast
Phillip Pitchford
CJA/463
January 23, 2012
Daniel Barry
“The criminal process usually starts with a stop or an arrest. The process can end at any point up to the moment of sentencing, depending on the facts and circumstances of any particular case. You have certain rights at every stage of the criminal process.” (Lane) The justice system over the years has relied on two models to help ensure the criminal process is just and fair. These two models have many differences, but have both had huge roles on the shaping of criminal procedure policy. The crime control model in 1968 was described by Herbert Packer as “assembly-line justice” due to the fact that an individual is presumed guilty. The due process model believes in a presumption of innocence. Along with these models the United States constitution has also had a huge role in molding the criminal procedure policy we have today.
The crime control model pertains to the theory that criminal justice places the importance on reducing criminal activity in our society. This is done with the increase of police and prosecutorial powers with less emphasis on a person’s own liberties. Most have a strong view on tough punishments for criminal behaviors are considered proponents of crime control. It is believed in this model that the main focus of criminal justice should be on protecting the victims’ rights rather than the defendants’ rights. An officers’ powers are to be expanded to make it easier to investigate, arrest, search, seize, and convict. Discovering the truth or establishing guilt is considered to be the main objective of the crime control model. Now that the strengths and weaknesses of the crime control model have been demonstrated but what of the due process model?
Due process models’ primary goal is to protect those that might be innocent from being wrongfully convicted. There are many that argue that while due process protects the rights of those accused that
Phillip Pitchford
CJA/463
January 23, 2012
Daniel Barry
“The criminal process usually starts with a stop or an arrest. The process can end at any point up to the moment of sentencing, depending on the facts and circumstances of any particular case. You have certain rights at every stage of the criminal process.” (Lane) The justice system over the years has relied on two models to help ensure the criminal process is just and fair. These two models have many differences, but have both had huge roles on the shaping of criminal procedure policy. The crime control model in 1968 was described by Herbert Packer as “assembly-line justice” due to the fact that an individual is presumed guilty. The due process model believes in a presumption of innocence. Along with these models the United States constitution has also had a huge role in molding the criminal procedure policy we have today.
The crime control model pertains to the theory that criminal justice places the importance on reducing criminal activity in our society. This is done with the increase of police and prosecutorial powers with less emphasis on a person’s own liberties. Most have a strong view on tough punishments for criminal behaviors are considered proponents of crime control. It is believed in this model that the main focus of criminal justice should be on protecting the victims’ rights rather than the defendants’ rights. An officers’ powers are to be expanded to make it easier to investigate, arrest, search, seize, and convict. Discovering the truth or establishing guilt is considered to be the main objective of the crime control model. Now that the strengths and weaknesses of the crime control model have been demonstrated but what of the due process model?
Due process models’ primary goal is to protect those that might be innocent from being wrongfully convicted. There are many that argue that while due process protects the rights of those accused that
Bibliography: Criminal Procedure and the Constitution. (n.d.). Retrieved August 30, 2010, from cliffsnotes.com: http://www.cliffsnotes.com/study_guide/Criminal-Procedure-and-the-Constitution.topicArticleId-10065,articleId-9960.html Lane, A. (n.d.). The Criminal Process: How it Works. Retrieved August 30, 2010, from Alllaw.com: http://www.alllaw.com/articles/criminal/article2.asp Perron, B. A. (n.d.). THE CRIME CONTROLS AND DUE PROCESS MODELS. Retrieved August 30, 2010, from defenseinvestigator.com: http://www.defenseinvestigator.com/article10.htm Mccullagh, D. (2010, February 18). Police push for warrantless search of cell phones. Retrieved September 12, 2010, from cnetnews.com: cnetnews.com