Due Process and Crime Control Models
August 21, 2010
Judge Stephen R. Ruddick
Due Process and Crime Control Models
The Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments are critical in the study of criminal procedure. “Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, pg 4) The crime control model emphasizes on reducing crime within a society through means of increased police and prosecutorial powers. In contrast, the due process model focuses more on individual rights and liberties and is focused on limiting the powers that the government has. Both of these models compare and contrast in effecting how the criminal procedure policy is shaped for the society that every citizen desires to live in. Comparison between Models
Though the two models compare in several ways, the importance in how they compare is what makes them functional and successful in society when shaping criminal procedures. Laws on the Book
Both models support that an individual that is being prosecuted can only be prosecuted for a law on the books that has been broken. Law enforcement officials cannot arrest someone for bad behavior just because it is annoying or an inconvenience to someone in society. It has to be a written law in order for an individual to be arrested and both models support this greatly. Enforcing Laws
Another similar component of both models is that police and prosecutors are required to enforce criminal laws and cannot ignore any violation to that law. An individual in society that has had someone commit a crime against them doesn’t want the law to be ignored and would most likely appreciate that the law be enforced so that their individual rights and freedoms are protected against the person who committed the crime against them; seeing that the law is enforced. The police and prosecutors also must make sure that they are enforcing the laws and not ignoring any violation against criminal laws to ensure that people in society and their freedoms and rights are protected to the utmost. Power of Rights
Along with that, both models compare in the way that they are limited in power. The due process model is the idea of limiting the government’s power and focusing on the individuals in society and their rights. Individuals in society only have certain rights and can only exercise those rights in such a way that is limited to keep society functional and operational while respecting everyone’s rights at one time. Therefore even though individuals in society have their individual rights and freedoms, they are limited in order to respect everyone in society’s rights. The crime control model emphasizes on increasing police and prosecutorial powers. With policing and prosecutorial powers come restrictions that the government must abide by. The government may enforce laws and regulations, but at the same time must keep in mind that they may not violate the constitution or any individual’s rights. Therefore, both are limited in power when concerning individual rights and constitutional powers. Sixth Amendment
Another great way that these two models compare is the fact that both models support the Sixth Amendment that enforces everyone be subject to a fair trial. This ensures that one being prosecuted for the laws that in question, have been broken, are subject to a speedy, public, and fair trial to protect the rights and liberties of those in question. The due process model also supports this because the individuals of society like to know that their rights to a fair and speedy trial are protected and enforced. Differences of Models
Though these two models are similar in several ways, there are few ways that these two models conflict...
References: (2010). OP Papers. Retrieved from http://www.oppapers.com
US Legal Inc.. (2010). US Legal. Retrieved from http://www.uslegal.com
(2010). Blogger. Retrieved from http://unenumerated.blogspot.com/
Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall.
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