CJA/364 Criminal Procedure
December 19th, 2011
University of Phoenix
The contest of strength between the Crime Control Model and the Due Process Model is similar to attempting to satisfy every person, each and every second and no one some of the time. Debates are good for both models, but for all growth on one side, there must be one on the opposing side as well. The Crime Control Model, prosecutor or the police, is not in favor for the Due Process Model, a person, to have more rights than they do. Each and every individual who is a United States citizen should know what his or her rights are.
What is the significance of the joining of the Bill of Rights into the 14th amendment? A person is given the same forbearance from the state, as a person gets from the federal government. Until the joining of the states, they did not have to acknowledge the federal regulations. In the 14th amendment, all states must follow Due Process Law and read everyone the Miranda Rights. A person was not promised to get the Miranda rights until after the joining.
Criminal Procedure Policy
“The Constitution guarantees that the government cannot take away a person’s basic rights to life, liberty or property, without due process of law”(The Lectric Law Library, 1995). To pinpoint the characterization down to one word, fairness would be the easiest word to label due process with. The due process’ focal point is more toward a person’s rights and decreasing the government’s powers over a person. Considering that the Crime Control Model can be depicted as increasing the government’s power over a person by raising the power of the police and the prosecutor’s office.
There have been differences between the two contrasting types of models for the criminal justice system. Both models see the Constitution for the basics of it, but neither model is free from error. There are a sparse attributes of the two models where they can
References: The Lectric Law Library. (1995-2005). Due Process. Retrieved on December 19th, 2011 from http://lectlaw.com/def/d080.htm ushistory.org. (May 7, 1992). The Bill of Rights and Later Amendments. Retrieved on December 18th, 2011 from http://www.ushistory.org/documents/amendments.htm