Due Process vs. Crime Control
The criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy, 1999)
The Due Process Model emphasizes the adversary system. The Due Process model also puts on emphasis on the rights of the person or people who are being accused of a crime. The Due Process model consists of many factors but a few are the idea of aggressive police enforcement, equitable and fair-minded judicial process, and imposition of proper and reasonable punishment. The main idea encompassing the model of Due Process is to make sure that people who are innocent are not being wrongly convicted or targeted. The Due process Model suggests that society and the judicial process should engage in considerable efforts to protect those who may be wrongly accused. It is important to keep in mind that there is the argument that the due process model focuses more upon the rights of the accused instead of the rights of victims. The Fourth Amendment of the United States Constitution prohibits unreasonable search and seizures stating, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (The Bill of Rights the First Ten Amendments) Law enforcement communities often bring up the argument that the Due Process Model puts constraints on law enforcement's capability to battle crime. The law enforcement community must
The Due Process Model emphasizes the adversary system. The Due Process model also puts on emphasis on the rights of the person or people who are being accused of a crime. The Due Process model consists of many factors but a few are the idea of aggressive police enforcement, equitable and fair-minded judicial process, and imposition of proper and reasonable punishment. The main idea encompassing the model of Due Process is to make sure that people who are innocent are not being wrongly convicted or targeted. The Due process Model suggests that society and the judicial process should engage in considerable efforts to protect those who may be wrongly accused. It is important to keep in mind that there is the argument that the due process model focuses more upon the rights of the accused instead of the rights of victims. The Fourth Amendment of the United States Constitution prohibits unreasonable search and seizures stating, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (The Bill of Rights the First Ten Amendments) Law enforcement communities often bring up the argument that the Due Process Model puts constraints on law enforcement's capability to battle crime. The law enforcement community must
References: Jan. 06, 2006, from The Bill of Rights Web site: www.billofrights.com Perron, B. (n.d.) Retrieved Jan. 06, 2006, from The Crime Controls And Due Process Models Web site: Schmallager, F. (1999). Criminal Justice Today. Fifth ed. : Prentice Hall.