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Due Process Model Vs Crime Control Model

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The crime control and due process models are value systems as stated by Herbert Packer (Bohm & Haley, 2011). Traditional conservative values apply to the crime control model, while traditional liberal values relate to the due process model (Bohm & Haley, 2011). The sole purpose of the crime control model is to control criminal behavior and is based off a presumption of guilt (Bethel University, n.d.). The due process model is based on the presumption of innocence and favors a formal judicial process to verify facts against or favorable to a defendant (Bethel University, n.d.).

The crime control model is designed to keep the criminal justice system moving at a steady pace and to dispose of cases in an expedient manner, which is why the use of plea-bargaining is very popular with this model (Bethel University, n.d.). The belief is that most people arrested by the police and formally charged by a prosecutor are guilty of the crime(s). With the due process model, there must be an opportunity to discredit the charges because it’s known that the possibility exist the wrong person was arrested and charged (Bethel University, n.d.). In the spirit of keeping the criminal justice system moving smoothly, the crime control model usually ends in absolution or a guilty plea. The due process model would rather see a guilty person go free than to chance convicting the wrong person (Bethel University, n.d.). …show more content…

Even though the country has been operating under the crime control model for the past few decades, since the Obama administration has been in place for several years now the due process model could become the model of

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The two models of criminal justice are control model and due process model. The control model is a model focuses on the community as a whole this model is known to the most important of them all because it focuses on moving the process the case as quickly as possible to bring to a close. Packer resembles his control model as “ assembly line justice” (Bohm & Haley, 2014). The control model allows the individual who is accused of committed a crime is able to work free with a plea bargain.

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I agree! The Consensus model would be ideal because it allows more harmony however our current criminal justice system follows the Conflict model. I think it would be hard to transition into a Consensus model because each department would have to agree to the system as a whole above their own

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Though the Treatment Model can be viewed as the best way of counteracting a juveniles problem, there are some who challenge the model by instead using the due process philosophy. To get a better understanding of the due process direction, reformers turned to David Fogel's Justice Model and it's concept of just deserts. This model believes that both juvenile and adult offenders are volitional and responsible human beings, and deserve to be punished equally under the law.

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On the other hand, when local police departments use the due process model they emphasize on the treatment of the offender rather than punishing the offender. Their primary focus is doing the right thing granting offenders a fair chance. Offenders are offered treatment programs through community based alternatives rather than incarceration. Community based alternatives would grant offenders the opportunities to several different programs such as pretrial release and diversion, probation, restitution, community service, work release programs, and halfway houses. The interest of the due process model with local police departments are to develop long term solutions for offenders rather than immediately punishing an individual whether guilty or

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The due process model stresses law and is designed to “[protect] the rights of individuals and [reserve] punishment for those who unquestionably deserve it… even though some guilty defendants may go free because the evidence against them” is inconclusive (Cole, DeJong, & Smith, 2014, p. 24). Nevertheless, the goal of the crime control model is to repress crime and stress order. This model “values efficient case processing and punishment over the possibility that innocent people might be swept up in the process” (Cole, DeJong, & Smith, 2014, p. 24). “The Brothel Boy” is an example of the crime control model. The natives wanted someone to pay for the crime that was committed, and Police Magistrate Blair felt that pressure.

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Common ground between the Crime Control model and the Due Process model provides stability for our criminal justice system. This stability is focused around the rights that are granted to us in the Constitution and the assumptions that are made during the criminal process. The adversary aspect is not as important with the Crime Control Model and the Due Process Model but they do share the common ground that citizens have rights. These rights consist of those given to a suspect upon being arrested, called the Miranda Rights or Miranda warnings.

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In the United States Constitution, the Fourteenth Amendment, along with the Fifth Amendment, guarantees all citizens the right to due process of the law in all criminal proceedings. If we are to followed what is stated by the Constitution, the United States criminal justice system should adopt and use the Due Process Model. The hypothetical situation that is presented to us in chapter two using the Crime Control Model clearly has many flaws. When the officer pulls up to scene of the crime it is immediately established that the man with the gun is the criminal.

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One of the most respected maxims in the American legal system is the presumption of innocence. This principle, embodied in the phrase "innocent until proven guilty," holds that anyone accused of a crime is considered innocent until the charges against them are proven. It places the burden of proof on the prosecution to prove guilt beyond reasonable doubt. This fundamental notion is the foundation of the judicial system and is significantly associated with the concept of due process. Due process is essential for defendants' rights, but they are frequently ignored or unknown by the accused.

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The reason that due process is so important in the American criminal justice system is because it is a social justice a belief of right and wrong. Due process is based on the 5th, 6th and 14th Amendments, the constitutional amendments are to make sure that a person cannot be accused of a crime without a grand jury investigation, they have the right to an attorney and a person should not be deprived of life. For example if a person was being accused of robbery but there was no evidence that this person did the crime he/she would need to be represented by an attorney to plead their innocence than the case would be taken in front of a jury for them to deliberate on whether this person should be found guilty

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Instead, due process should be defined according to rules developed with reference to traditional notions of fair play and standards of professional conduct for prosecutors; outcome-determinative analysis should then be applied to prosecutorial misconduct as a harmless error test.” Due process is great way to rule case whether defendants need to be trial or punished for a particular crime. The situation would limit the action of prosecutorial misconduct because the system would have admissible information to conduct a fair trial. This type of decision is based on the due process of the cases but it does not deal with the issue because many attorneys temper with evidences, bias toward individuals or the situation of the case and still yet perform misconduct.

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During the 1960’s in the U.S., the era was called the “due process revolution”. At that time, the community was pressing that the government be held responsible and that the rights that were under the constitution are applied correspondingly to everyone (Harr, Hess & Orthmann, 2012). The governments’ performance was weighed and the police behavior performance was

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In our system of law, it is a compelling argument that a strong systematic process is in place to protect the rights of criminals. To underline this case in point, simply turn to the Bill of Rights: four of the ten Amendments directly focus on criminal proceedings, and specifically, the fifth through eighth Amendments are designed intentionally for criminal protections. According to Akhil Amar, the Articles of the Constitution limit the powers of the federal government, but most of these limitations allude to the systematic balance of federal power. Little is expressed in the Constitution about criminal proceedings, except in Article III, thus, a need existed for the protection of the accused from the federal government, prosecutors, and judges.

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