Crime Control v Due Process

Essay by ladderman301University, Master'sA, April 2004

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Order or Liberty? Conservative or Liberal? These two questions have been asked for decades and will be asked for decades to come. Throughout history we have asked ourselves many questions regarding how criminals should be dealt with. With the questions being asked, there have been two emerging models in the criminal justice system; the crime control model and the due process model. The crime control models relies on a sort of an assembly line approach, while the due process wants everything done by the books and all rights being protected.

The first model in the criminal justice system is the Due Process model. It is the more liberal of the two. It emphasizes more of the white-collar types of crime, which are more time consuming and complicated. It wants to maintain rights and guarantee reliability. A theme of this model would be, "its better to have 1000 guilty to go free then 1 innocent being deemed guilty."

Major advocators of this model are ACLU type people. Due Process gets its name because it wants to guarantee the rights of all humans. The 4th - 8th amendments deal with the basic rights that are guaranteed in the constitution. Some of these include; no illegal searches or seizures, no self-incrimination, the right of a speedy, fair and public trial, and no cruel and unusual punishment. This basically tells us that this model wants every step followed and every right guaranteed or else the conviction will or could be dismissed. These amendments, which make up part of the Bill of Rights, put restraints on the exercise of power by the government.

With every right being guaranteed, the trial process is sort of an obstacle course for the prosecution because every correct step has to be followed. Some things that make the process...