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Due Process Model Vs Crime Control Model

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Recommended: Contrast the due process and crime control model

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 …show more content…

You see more non-violent drug convictions in predominantly black and latino neighborhoods because of the crime control model. It allows for more policing of neighborhoods that have been deemed "more susceptible to crime" when in all actuality the neighborhood is only a high volume crime area due to the high volume of police in said area to arrest people for the crimes. In my opinion, to improve our criminal justice system there has to be a true balance between both extremes of this scale for everyone. Too often we see criminal justice is left up to the interpretation of the powers that be and depending on a number of circumstances that could be the difference in two or twenty years in prison. In a nutshell, the crime control model is designed for crime prevention and protection of a community take precedent whereas the due process model is designed for the preservation of an individual's personal freedoms. Personally, I feel as if the crime prevention tactics used to police and protect these communities unfairly target certain groups of people depending on the demographic. In an urban environment that targeted group may be black people versus in a more rural community it may be those who are simply less fortunate and seem to have a higher inclination for crime due to

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Because of these rules that law enforcement officials have created, mass incarceration rates have sky rocketed. When the Journal of Alcohol and Drug Education (1995) released their survey, the noticed that 95 percent of people described an African American person to be a typical drug user and only five percent of people described the typical drug consumer to be of another race. Nonetheless, the people in the 95 percent range showed cognitive bias as a result of only 15 percent of African Americans in 1995 were drug users. Where as, the majority of the White race consisted of drug users. Alexander responds by saying, “There is no reason to believe that the survey results would have been any different if police officers or prosecutors have been the respondents” (2011, p. 106).

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In the past 40 years, drug offenses have been on the rise as a priority offense. According to Prison Policy, 1 in 5 incarcerated inmates are locked up for a drug offense. At the same time, black people make up 40% of the prison/jail population, which is more than the white population of 39%. Considering that black people only make up 13% of the nation, this disproportionate rate of black people being arrested is quite evident. Conversely, when it comes to drugs, black people are the highest demographic arrested for drug offenses, even though all races and ethnicities sell drugs at very similar rates.

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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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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.).

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