Two Models of the Criminal Process

Essay by spazosburnUniversity, Bachelor's November 2007

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Two Models of the Criminal Process � PAGE �4�

Two Models of the Criminal Process (Week One)

Shannon Collins

University of Phoenix/Directed Studies

CJA/353 - Criminal Procedure

Group Number - 9002924638

Instructor: Albert R. Mendoza M.A.

August 12, 2007

Both, the Due Process Model and Crime Control Model have very important points, both fight crime they just go about it in two different approaches. They both feel that there is a crime problem; they differ in the reasons as to why crime is committed. Due process leans more towards the causes in crime to be from poverty and discrimination. On the other hand crime control makes an argument in that it is a break down of ones own doing, a more personal approach. "What they both do is enforce the law and maintain social order, and protect the people from injustice." ( )

They both have shared similarities and they both have constitutional values.

"They adhere to the importance that underlies the ex post facto prohibition." ( ). Police and prosecutors can only arrests and prosecute individuals for breaking the law they may not however, arrests anyone for behavior that could be seen as morally wrong. Along with not only protecting victims, they have a duty to enforce the law when they have been contacted of crimes being committed. And a third point is that the supposition of power of the government is also limited to the surveillance, apprehension, and the arrests of anyone suspected of committing a crime.

"There are specific constitutional doctrines that encroach on a law enforcement officers that are trying to do their job at apprehending the criminals, so in other words the criminals are in a since being protected by the people that govern. Which of course is us as society and ultimately a nation.