Comparing the Due Process and Crime Control Model

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Recommended: Compare and contrast the crime control and due process models of criminal justice

The criminal justice field faces the challenges of getting criminals off the streets, and prosecuting them, while using limited funds and manpower. Citizens expect results, and want to feel safe when they are in their own neighborhood. On the other hand, citizens in our democratic country expect people to be treated fairly, and feel the need to make sure that no innocent people are wrongly sent to jail. It is a balancing act of keeping the community safe on one hand, and on the other, making sure that no one’s rights are violated. It is like being told to do a job, but then having all these rules and obstacles you have to navigate around in order to do your job. The following paper is a study of the differences between due process, and crime control model, as well as assessing which one is more effective with stopping crime in today’s world.

One of the first things we need to look at is, what is the due process model? It is a model in which there is the assumption that every effort needs to be done to ensure that an innocent person is not convicted of a crime. It adheres to the belief of strict evidence, which means to show beyond a reasonable doubt that the person actually committed the crime, and the charge meets all of the requirements of the crime. The state in this model is burdened with showing evidence that the person has committed the crime, and the defense has the opportunity to show the evidence in inconclusive. Due to the strict guidelines of admissibility of evidence, and the right’s awarded to presumed innocent people, there end up being many guilty people that get off on a technicality, that should be incarcerated.

The next model we will take a look at is the Crime Control model. It is based on co...

... middle of paper ...

... get away with their crime, if all the rules were not followed. It would definitely make a quick impact on the rate of crime in our society, but some innocent people would be prosecuted. This model goes along with the views of our society, in that people want a quick fix for the problem, and expect to see results. For the greater good of the whole, this is the best model. In our democratic society however, this model would not be able to function on its own. We have constitutional rights in our society, and there will always be people there to make sure that the due process is followed.

Works Cited

Cole, G.F., & Smith, C.E. (2010). The American system of criminal justice (12th ed.).

Belmont, CA: Wadsworth Cengage Learning

Kauzlarich, D., & Barlow, H.D. (2009). Introduction to criminology (9th ed.).

Lexington, MA: Rowan & Littlefield Publishers.

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