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The Criminal Justice System: A Tough-On-Crime Approach

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A ‘tough-on-crime’ approach is increasingly taking up legal, political and social discourse however, it is having limited effects on preventing rates of offending in society. A ‘tough-on-crime’ approach and increased severity of crime in the long run severely impacts the criminal justice system and fails overall to act as a deterrent compared to other criminal justice methods. This perception of an increased severity of punishment is created through the media which creates moral panics and forces changes in legislature, this can have a vast impact on the first point of contact, the police force. However, it also limits the overall ability of the court system to enforce a sentence effectively and equally, this can be seen through the implementation
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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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The first normative model is called the crime control model. The crime control model is often associated and linked with ideas regarding utilitarianism, which is where actions should be evaluated on the basis of what their consequences would be, and in turn, helps to promote the largest amount of good, for the largest amount of people, (Jeremy Bentham, 1748-1832), and in regards to criminal justice, this means that most people who are accused of committing a crime, should be tried and found guilty, in an efficient way, and that the punishment that these offenders are receiving needs to be harsher and have a higher severity level in order to try and deter people from making the same choices. According to Case et al (2017, p.91), there is a high level of acquittals in the criminal justice system, that are unfair, and should have resulted in a guilty verdict, and that regarding the collective conscious, are often thought of in utilitarianism, that these offenders simply ‘got away with it’. This model shows that the victims’ rights, and the effects the crime could have on society as a whole, are be considered as one of the most important things in a trial, but that police officers and law related and criminal justice related institutions, have found ways to manipulate the criminal justice system to get certain

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The Crime Control Model is a model of the criminal justice system that assumes freedom is so important that every effort must be made to repress the crime (Ortmeier, 2006). It emphasizes efficiency and the capacity to catch, try, high majorities of defenders, due to the high rate of crime and the limited resources of law enforcement speed and finality play a key role in this model.(Ortmeier, 2006) The crime control model is looked at by many as an assembly line where police and prosecutors decide from the beginning who is likely to be convicted, and if a person is unlikely to be convicted, person exits from system (Ortmeier, 2006). This allows for plea bargaining between the prosecutor and the accused to come into play. The Due process Model

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