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Crime Control Vs Due Process Analysis

960 Words4 Pages

The components of the criminal justice system are the police, the courts and corrections which are interdependent and strive to achieve a united goal. The actions of police officers affect the workload of courts and the decisions of judges in courtrooms affect the operation of jails and prisons.
Police
The law enforcement function is perhaps the most visible. Police officers are ordinarily the first contact a criminal has with the system. Once a person is arrested, they enter the courts system. According to Neubauer & Fradella (2017), the relationship between the police and the courts can be marked by tension and conflict. The police make arrests, yet the decision to charge the defendant is made by the prosecutor. The more felons the police arrest, the greater the …show more content…

This model functions under the principle that defendants are innocent until proven guilty. The due process model also favors strategies that might rehabilitate offenders rather than simply punish them.

Crime Control or Due Process?

The crime control model and the due process model have significant strengths and weaknesses that refute any argument that one system is better than the other. Both appear to have potential drawbacks and dangers that could threaten both safety, security and individual freedoms. Proponents of the due process model believe that the crime control model is too harsh and pursues the philosophy of a police state. The arguments of the supporters of the crime control model complain that the due process model protects the guilty at the expense of innocent law abiding citizens.
There needs to be a balance between the models of criminal justice that incorporate their best attributes to create a fair and just society for all. Considering the various weaknesses and strengths of the two models some experts, support a new approach where “it is realistic to think of the U.S. system of justice as representative of crime control through due process”. (Schmalleger, 1999)
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