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Due Process Model Vs Crime Control Model

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The Crime Control Model and the Due Process Model are the two processes that affect the criminal law. Each Model have their own key concepts and values. The Crime Control Model is different from Due Process in many ways. Crime Control Model basically is to control crime by raising police enforcement and the government’s powers. Just to be secure and keep “public order”. In Crime Control it values controlling crime to do so as stated in the article “high rates of apprehension and conviction”. The process of this model must keep going and can’t stop for anything such as “Ceremonious rituals”. This model values law enforcement. It was made to control criminals and criminal acts such as breaking the law. If the law isn’t enforced it would hurt
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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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The Articles of Confederation was the first constitution of the United States. The Articles were ratified in 1781. The Articles were a loose union under authority of congress. They had three purposes; to declare war, raise an army, and so sign treaties. There were many strengths as well as many weaknesses that came out of the Articles.

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In the article, Democracy and Criminal Justice in Cross-National Perspective: From Crime Control to Due Process, it argues that the criminal justice system has changed from using the crime control method to now using the due process method. In order to understand why this issue is important we must first know what the crime control and due process model are. The crime control model is simply a model that says an individual is responsible for themselves. It also protects the rights of law abiding citizens. The crime control model is set up for punishment.

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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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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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It provides a “quick efficient method” of handling caseloads and allocates more “prosecutorial resources” efficiently (Guidorizzi, 2013, p. 195). In contrast, the due process model insists on the “prevention and elimination on mistakes” in determining guilt (Packer, 2013, p. 34). The main objective of the crime control model is to repress crime since there is a high volume of cases and not a lot of resources to allocate. For that

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In Herbert Packer's criminal justice scale we get two extremes that come together to form what we know today as the American criminal justice system. The Due Process model is founded upon the presumption of innocence and operates on more than just factual guilt but judicial guilt as well. On the other hand we have the Crime Control model which is essentially the exact opposite of due process in that its founding principle is the presumption of guilt. The primary focus of the crime control model is just that, crime prevention, rather than actual justice for the accused/accuser. Proponents of the crime control model feel that if police officers have spent the time to investigate and arrest a suspect for a crime and the prosecutor has charged

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As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.

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The first step of the criminal justice system is the execution of a crime. A lot of variation can happen here, because some victims of crime do not report the crime immediately, or they do not realize they are a victim of crime until later. Also, some crimes may not have witnesses, which can lead to a crime not being reported as well. This is a great example to show why the discretionary model is so useful in the criminal justice system, because with so much variation in crime there needs to be a foundation laid down to guide the case in the right path. After the committing of a crime the law starts to get involved.

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For social control theory, the underlying view of human nature includes the conception of free will, thereby giving offenders the capacity of choice, and responsibility for their behavior. As such, social control theory is aligned more with the classical school of criminology than with positivist or determinist

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The differences The due process model is pegged on the belief that it would be better if a criminal found innocent goes free rather than have one innocent person in jail. On the other hand, the crime control model argues that it is better to have a innocent person detained, questioned, tried and found innocent then let free than have a society full of criminals roaming

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What is happiness? In Brave New World by Aldous Huxley, happiness consists of restricting freedom and only having simple pleasures. By reducing freedom, the people do not need to make decisions that cause anxiety and dissatisfaction. I believe that this is a skewed definition of happiness that takes away from complex nature of humans. Simple pleasures simply do not equal happiness.

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An important role is carried out by the criminal justice system in a democratic society. My philosophy and approach for balancing individual rights and public protection is that law enforcement authorities should restrict citizens’ liberties through force to compel obedience of law if those liberties cause harm to the society. Authorities maintain law and order by restricting freedoms of the citizens through force to constrain them to obey the law penalizing those who disobey the law. However, the citizens must be free to exercise the freedoms granted and guaranteed by the Constitution. Therefore, the law must give way to reasonable exercise of civil liberties when those freedoms do not cause harm to others.

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In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.

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There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.

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