Crime Control vs. Due Process

Topics: Crime, Police, Criminal justice Pages: 2 (684 words) Published: June 23, 2013
The criminal justice system is so complex, there needs to be a method to help clearly understand the many facets involved. Stanford University School of Law Professor Herbert L. Packer (Memorial Resolution, 1972) in 1968 outlined the due process model and the crime control model as two very diverse ways to understand and process the mechanics of the criminal justice system. The crime control method operates from the view of swift arrest and movement through the system concluding with the disposition and punishment, where the due process method operates more from the view of protecting the suspect’s rights at every step of the justice system. By definition, the due process model of the criminal justice system “assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; it emphasizes the adversarial process, the rights of defendants and formal decision-making procedures.” (George F. Cole, 2013) The crime control model of the criminal justice system “assumes freedom is so important that every effort must be made to repress crime; it emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders.” (George F. Cole, 2013) I would compare the crime control model and the due process model to a sprint and a marathon, respectively. In the crime control model effectiveness and expediency are key components. The goal is to “repress crime” (George F. Cole, 2013), accomplishing this by maneuvering through prescribed steps to determine if the next step in the process is necessary. These steps are “investigation, arrest, and post-arrest investigation, preparation for trial, trial or entry of plea, conviction and disposition. (Packer, 1968) It would seem that for the crime control method to be fruitful in reducing the rate of crime there needs to be a high arrest rate and swift decisions made throughout the process with...
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