Due Process Model Vs. Crime Control Model

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The Due Process Model was proposed by legal scholar Herbert Packer. It emphasizes the protection of individual rights and fair treatment within the criminal justice system. It contrasts with the Crime Control Model, which focuses more on efficiently controlling crime and apprehending offenders. One of the basic assumptions of the Due Process Model is the presumption of innocence. The Due Process Model assumes that individuals are innocent until proven guilty. Miranda rights are a great example of the Due Process Model in the criminal justice system. They embody key principles of procedural fairness and protection of individual rights by informing offenders of the right to remain silent and the right to an attorney during an arrest. This model …show more content…

The Due Process model advocates strict adherence to legal procedures and safeguards. It insists on procedural fairness, including the right to have a lawyer, the right to remain silent, and the right to a fair and impartial trial. There is also an emphasis on checks and balances within the system to prevent errors and abuses. This includes the role of courts in reviewing decisions and ensuring that law enforcement follows legal protocols. When it comes to criminal offenses, the due process model assumes that the rights of individuals accused of crimes are important. It suggests that even if someone is accused of a crime, they must be treated with dignity and respect, and their rights must be protected throughout the legal process. The Due Process Model views criminal behavior with the goal of achieving justice rather than merely punishing offenders. It emphasizes the need for a fair process to determine the truth and ensure that any punishment is warranted and adequate. Overall, the Due Process Model operates on the theory that protecting individual rights and ensuring fairness are fundamental to the criminal justice …show more content…

The Wedding Cake Model assumes that crimes vary significantly in severity and impact. It categorizes crimes into different layers based on their seriousness and the social status of the involved parties. The model recognizes that not all crimes are treated equally, and that the criminal justice system prioritizes cases differently. For this model, the criminal justice system is viewed as a multi-layered process where cases are handled differently depending on their seriousness. The model divides cases into four distinct layers, each receiving varying levels of attention and resources. These layers consist of a top layer which are high profile cases, a second layer that is felony cases, a third layer consisting of less serious felonies, and a bottom layer consisting of misdemeanors and minor cases. In the Wedding Cake Model, more serious and high-profile cases receive more resources and attention, while less serious cases are handled more efficiently and with fewer resources. Similarly, The Wedding Cake Model suggests that criminal behavior is evaluated based on its impact and

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