The Due Process And Crime Control Model

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In 1968, Herbert Packer was a Stanford University law professor who constructed two models of criminal process, due process and crime control. The due process model was Packer’s view that criminal defendants should be presumed innocent, courts must protect suspects’ rights, and there must be come limits placed on police powers. The crime control model is a model that emphasizes law and order and argues that every effort must be made to suppress crime, and to try, convict, and incarcerate offenders. Packer’s crime control model suggested that most cases ended in guilty please or withdrawals. In contrast, his due process model suggested that cases that go to trail and are appealed were the most influential. The due process and crime control model differentiate in many ways; they differ in views of the criminal justice system, goals, values, processes, and what they focus on. Both processes “aspire to offer positive descriptions of the operation of the criminal justice system.” (Roach, 1999, p. 672) I will also take into account which one I believe our society currently favors and which I believe should be the dominant model of our criminal justice system. Packer’s models have durability. The criminal process is turning from an assembly line into an obstacle course in the coming years. Packer hoped that due process would encourage legislatures to place less reliance on the criminal sanction with respect to abortion, drunkenness, and homosexuality, which were once believed to be victimless crimes. His models have been criticized for their procedural and political assumptions. Packer’s models made questionable whether the individual or the sate had the upper hand. The due process model’s most important function of criminal justice s... ... middle of paper ... ... can be combined to create a better law enforcement system. Cases should be like an assembly line and move cases swiftly along toward closure. However, there should be safeguards serving to protect the factually innocent and convicting the factually guilty. The repression of crime should be the most important function of criminal justice to ensure the safety of everyone else in society. However, the government should protect the rights of defendants because regardless of the crime suspects are people that have rights and those rights should be exercised. Trying to determine which one is superior or better is difficult because it would require determining which value should trumps the other. Criminals have the right to an efficient, speedy, and reliable trail. There are certain aspects of both models that, if combined, could potentially add to the deterrence of crime.
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