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Due Process vs. Crime Control Model

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Due Process vs. Crime Control Model

     The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.

     Some of the differences between the due process model and the crime control model are in the due process model people that are arrested are perceived to be innocent until proven in a court of law. The crime control model believes that the people that are arrested are guilty and need to be punished by the government. Another difference with both models is the due process model believes that policing within the criminal justice system is essential to maintaining justice within society. The crime control model believes that the arresting of people in the criminal justice system has a negative effect and slows down the process of the criminal justice system. One more difference is the due process model believes in the rights of the defendants and proving their guilt is essential to keep the government in control. The crime control model believes that the rights of the defendant cost too much and the criminal justice system should be spending more money on recruiting police officers and building prisons.

     Although both models have some differences, they also have some similarities. The due process model and the crime control model both believe that the defense counsel’s job is to act as an advocate within the criminal justice system. Another similarity of both models is they both believe that criminals should be punished if they violated the law.

     There seems to be more differences than similarities between the due process model and the crime control model. I believe that both models play a vital role in the criminal justice system as a whole. I am more in favor of the due process model because as a society each person needs to be innocent until proven guilty in a court of law. The due process model and the crime control model are both needed so the United States can balance out the rules within the criminal justice system.

References

Answers.com. (n.d.) Retrieved June 13, 2005, from
http://www.answers.com/topic/due-process
Crime control model. (n.d.) Retrieved June 13, 2005, from
http://abstractsdb.ncjrs.org/content/Thesaurus/Thesaurus_AssociatedTerms.asp?ID=02910&Value=Crime+control+model

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