Two Models of the Criminal Process

Essay by lexiandme13University, Bachelor'sA, April 2008

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Individual rights are the rights guaranteed to citizens by due process. Due process is when life, liberty, or property cannot be deprived without due process of the law. Public order is crime control, where the rights of the victim surpass the due process laws. The two theories of due process and crime control have different views on enforcing the law. Due process deals with all people are innocent until proven guilty, and crime control is a person is guilty until proven innocent.

"The crime control model and was developed by Herbert Packer and presented to the academic world in his analysis of the criminal justice system in the 1960's" (Perron, 2007). The crime control model is focused on the importance of keeping the streets safe from offenders, and making sure that the law is enforced by any means necessary. The crime control model theory is that if some individual rights happen to be violated in the process of controlling crime, then better to have violated rights than to let a criminal go free.

The Bill of Rights is where an individual's due process of the law comes from. Under the Fourteenth Amendment it states, that no person shall be deprived of life, liberty, or property without due process of the law. When it comes to policy and procedure due process is the number one concern when convicting an offender. Due process of the law can not be violated during the course of an investigation, nor once in custody. All people are to be treated as equals and all are innocent until proven guilty.

The crime control model and due process model will always conflict with each other; however, each is still set out to ensure that our society is kept safe from criminals. Many police agencies would prefer the crime...