Comparing The Due Process Model To Achieve The Goals Of The Criminal Justice System

In order to achieve the goals of the American criminal justice system, two different models present the basics of how cases are to be handled. The first model, called the crime control model, was developed by Herbert Packer in the 1960s. Its emphasis lies with priority being placed on aggressive arrest, prosecution, and conviction of criminals while adhering to the strictest interpretations of the law (Perron, n.d.). The other model, the due process model, is basically the opposite in that it is more concerned about protecting individual rights of the accused. The cases of Mapp, Miranda, Gideon, and Escobedo are all examples of the due process model. Mapp v. Ohio (1961) examined the issue of unlawful search and seizure. In this particular

As mentioned, the crime control model’s goal is to suppress criminal activity at all cost, while due process aims to protect the defendant’s rights. Essentially, crime control places focus on the community and the main concern of due process is lies with the individual. This dictates to a great extent how the police, courts, and correctional procedures carry out their business. Due process requires the system to get the job done without violating any rights of the individual. Crime control, on the other hand, requires strict adherence to the law regardless of any protections that may be in place for individual

The previously examined cases of Mapp, Miranda, Gideon, and Escobedo were all decided during the 1960s, which was a time when Americans were becoming more concerned with how the criminal justice system treated the individual. Prior to that time, courts were only focused on punishing those who broke the law to the fullest extent of the law. There was little concern over whether a person was being charged while at the same time being protected against those in the system who might tread on the personal liberties outlined within the Constitution. This social awareness led to a movement where numerous cases ended up being a appealed based on violations of those civil rights. Consequently, each model has a different impact on the victims of crime. When the crime control model is in place, victims are essentially guaranteed that someone will be charged and convicted and that they will obtain full justice under the law. Crime control, by its very nature, does not really provide opportunities for defendants to walk away on a technicality. This model also does not place much emphasis on taking care of the victim in the aftermath of the crime and court case. The victims are often left to fend for