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Hebert Packer Due Process Model

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Hebert Packer created two criminal process models. The two processes that Herbert Packer created are often discussed in classes. Student have to choose which process they agree with most crime control and the due process model. The due process system is the process that I agree with the most. Due process is usually done in the courtroom and with a judge. I believe that this system allows freedom for most people but also convicts those who deserve it. Personally I believe that everyone should be treated fairly and that everyone should be tried in the same way. The due process law is usually paired with the Fourth Amendment that will not allow people to be wrongly convicted for any crime if there is no proof.
For example, Mapp vs. Ohio 1961 is one big case that really dealt with due process that ended up going to the supreme court. In this case the police came barging into Mapp’s house without a warrant. The police found many things in the house like pornography and other illegal things. However, the supreme court did not allow them to use that evidence because there was not a warrant so Mapp used something called the exclusionary rule. (Cole, 350) The exclusionary rule is when, “the principle that illegal obtained evidence must be excluded for a trail. (Cole, 736). In this case the illegal substances that Mapp had was throw out …show more content…

The due process system is used when looking at the Fourth Amendment in more formal setting with a judge and will take place in a courtroom. The crime control model will also be formal but also informal. The process as stated before would be with a police officer. I like the thought of crime control, getting the person and trying to see if they are guilty or innocent but I believe that there will be mistakes and will make conviction less efficient. Due process model will allow the police to find all the evidence to be clear that the person is

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