DESCRIPTION: Your goal is to describe the positives and negatives of the Crime Control Model and Due Process Model relating to our criminal justice process. You will then select the one that aligns best with your viewpoint and discuss your reason for choosing that model. The information will be divided into two segments, which are described in detail below.
(1) An essay will be completed with a minimum of (2) pages, not including the title or reference page. In other words, the submission will be at least (4) pages. Many of you will exceed the minimum requirement, which is great and better than not accomplishing the expected goal.
Criminal Law Project
The information will be divided into two segments, which are described in detail below:
Criminal law and the criminal justice system play an essential role in being a part of the democratic system based in American society. Apart from this, this system serves to be one of the primary concepts to give justice to the society that strikes the balance taking place to maintain public order while preserving the basic requirements and their freedom ventures. Moreover, the legislative, executive, and judicial branches of the government serve to act as one of significant roles. This includes the legislative branch, which enacts the law that deals with the criminal law. On the other hand, in case of the criminal justice system which dwells on the note of the executive branch includes law enforcement agencies that enforce the laws. On the other hand, in the case of the judicial branch that determines guilt or innocence related to those charges based on the violation.
The best-known contribution of the Packer’s was to develop the key models which are the due process model and the crime control models of the criminal justice system. Moreover, with its implementation, this can be utilized both these models go hand-in-hand because they often contradict each other. In the case of the due process model, that prioritizes the interest based on an individual aspect, while confronting them to deal with mighty power relevant to the State. Moreover, this is based on the presumed case of the innocent, who were found guilty of their offense while clearly defining the formal decision-making process. Apart from this, I have identified that this model sets on with the criminal process that sets out the limit that legitimizes the obstacles reflected by the State to negotiate the conviction that can be secured (Xiong, 2022).
In contrast to this, the crime control model is generally based on suggesting a reflection mainly based on the values that can eventually assemble to the line rather than being considered to be an obstacle course. Furthermore, this model mainly reflects the prioritization with an efficient suppression of all criminal activity with an interest based on the public order. Thus, as compared to the due process model, this can be identified that in cases of the crime control model, which mainly focuses on speedy, informal, and routinized processes that are often administered by the criminal justice agents, like the police and the prosecutors, that expertise’s about sound judgment under certain condition.
To involve the crime control model, which mainly focuses on having an efficient system. Thus, this mentions in detail the important function that brings forth the system, which deals with suppressing and can often control crime that ensures society based on a safe environment to deal with the public society. Under this model, to control the crime with a more important related to individual freedom. Therefore, this plays a positive impact or a role undertaken by a conservative perspective. Therefore, the positive aspect of the Crime Control Model would catch up to more guilty people. Thus, the crime control model is based on the proposition that crime is based on controlling the cost to cater safe society. Moreover, failure of the law enforcement brings forth criminal conduct under tight control over the viewing of the leading system taking place in the society with a breakdown to the public order and later it often disappears due to human freedom. Thus the long-term advantage of the crime control model which apprehends about guilty while giving out a mandatory aspect related to sentencing. Therefore, in case of the positive effect of the crime control model is related to supporting the ideologies that often support the death penalty which would fall under the long-term advantage in the case of the crime control model.
As compared to this point, the crime control model is related to the fact that states that this model has certain disadvantages as well. Moreover, this is based on the authority that the police often have. Moreover, here in this case the police often offer to allow a pull to any person so that this can regulate upon one’s color over a “strip search” that fetches power about an easy for the people’s head. Apart from this, this can often be found in a biased system that details the people making certain harsh judgments for the criminals. Therefore, in the case of the ‘strip search”, based on some random stops, related to the cameras, made against the due process model, which is considered to be controversial for most of the citizens.
On the other hand, as stated by Steinkraus (2021), states that the crime control model is based on another positive aspect that delivers to the point which is based on the criteria that relate the concept and the apprehension to narrate in detail about how someone guilty to give out the mandatory sentencing policy and its nature. Therefore, in case of the crime control model mainly supports the death penalty which would fall under the long-term advantage. Therefore, in the case of the justice system to deliver the ideas about the criminals with the sentence, to deal death penalty that falls under the long-term advantage. Therefore, in the case of the justice system, which mostly deals with criminals dwell on the topic that can sentence an individual who is put into jail or in case of prison, that would act like an example of a long-term disadvantage. Compared to this, the crime control model is mainly based on the disadvantages while giving out the authority to the police who are hired. Therefore, in case of the law enforcement, which denotes the primary reason, that deals with the fact that despite all the positive aspects of the crime control model we can assume that there are several disadvantages to this model as well. While they are likely to handle a particular situation under the law enforcement act which would be permanent at times that might train them to deliver so that one can handle a particular situation in some manner.
The crime control mode should prevail:
- Repression is based on the important function of criminal justice because of the necessary conditions related to developing a free society.
- The criminal justice should concentrate on vindicating the victim’s rights rather than protecting the defendant’s rights.
- Its main objective was to learn about the criminal justice process to discover the truth while establishing the factual truth about the accused guilt.
- The demerit is often focused on the police who arrest while the prosecutor files a criminal charge, to the accused who is presumed to be guilty while finding the facts about the police as well as the prosecutors who are highly reliable.
- The legal technicalities are often handcuffed with the police who are requested to be eliminated.
Compared to this, the due process model mainly focuses on the synchronization that deals with the right that is given to the defendant while they often pursue the topic that deals with the innocence that develops an individual to be proven guilty, while this often aims at individualizing the rehabilitation system, or ensure about the program that deals with those who are found to be guilty. According to Lillo Lobos, (2022), the due process model that deals with the criminal justice system built the idea that individuals have the right to make a trial on their accused process. Thus, this often means that this consists of the evidence based on the theory, that dwells on the notion of the incriminatory or its exonerating formation that considers the decision regardless to focus the one who is accused of their situation.
Therefore, this model is based on a certain liberal approach to dealing with the criminal justice system and the judicial system. Thus, the main concern related to this topic is based on the assumption made on the primary notion that dwells with the details that make a presumption related to the innocence that is accused of the answer. In the long run, the unit dwells on the details that level up the court battles with strict rules that ensure the decisions where the court takes the decisions. On the other hand, this deals with the idea based on the allowance of the appeals or the rights that have been made by the accused. Therefore, in the case of the due process model which states about the rehabilitation of the convicted criminal as well as the individual rather than the punishment, to take up the decisions that the law is situated with the individual situation made to the accused position, as well as effectiveness based on the community that curbs about the criminal actions.
Thus, the positive aspect of the due process model mainly protects the criminal who is accused of certain overwhelming power which is governed by the charge of prosecution. Moreover, due process ensures all the citizens get immense power that neutralizes to compete on a fair meeting on the justice system. Therefore, in the case of the crime control venture that deals with a streamlined system that deviates the society’s norms and values, it can swiftly protect one to abide by the rules. As compared to this, the negative aspect of the due process model mainly focuses on the paths that state how to take up time, related to the hardships over victims and their families have on every hearing. Apparently, in this essay, this can be identified in the case of the due process model which tends that deals to produce the policy while minimizing the criminal justice system interventions in favor of developing the informal community with a persuasive or rehabilitating social control (Edmunds et al. 2021). Currently, this has been emphasizing the criminal justice system which often tends to move forward to the due process model. Thus, Packer’s due process mainly focuses on the system which is related to the counter-personal crime control model, as it consists of certain arguments which are as follows:
- The most important function related to criminal justice is to have the capability to provide due process.
- Criminal justice has concentrated on the defendant’s rights, not the victims’ rights because of the Bill of Rights that expresses to give protection to the defendant.
- The demerit of due process mainly projects to give police the powers that should limit to prevent official oppression based on an individual
Yet, this can be concluded that based on both of these model, the crime control model and the due process model, is mainly based on reaching the ultimate goals related to the goals of the criminal justice system. Here, in this answer, I would rather incorporate the idea, that both these models have both points like positive and negative aspects. Where crime control model is likely to assemble the speed and efficiency related to creating protection for society and bring security to all those who are injured or cause injuries because of the people. Moreover, I would rather want to mention that these two models often help the society, to make its re-live so that they can work effectively as well as they can act efficiently based on the country for those who commit the crime. Thus, as compared to the due process model, the crime control model mainly suggests the system determines a detrimental idea related to the process of learning about the probable cause with the probable guilty. On the other hand, to opinionate about the due process model, which consists of numerous positive ends, along with the negative terms. Moreover, I would rather mention that the due process model can be compared to an obstacle course because the system is based on formidable impediments at every stage related to the process. This model states an individual form that protects the rights of the accused to protect an interest related to society as a whole. The crime control model can be recognized as a streamlined system for those who deviate from the norms of society and its values that deal with protecting the citizens who abide by the law.
References
Edmunds, C. E., Milton, F., & Wills, A. J. (2018). Due process in the dual process: Model‐recovery simulations of decision‐bound strategy analysis in category learning. Cognitive Science, 42, 833-860.
Lillo Lobos, R. (2022). Due Process as a Subject of Special Jurisprudence. The Checklist and Flexible Models of Procedural Due Process. In Understanding Due Process in Non-Criminal Matters (pp. 7-15). Springer, Cham.
Rotolo, G. (2022). Cognitive Dynamics of Compliance and Models of Self-regulation: In Search of Effectiveness in Strategies of Crime Prevention. In Corporate Compliance on a Global Scale (pp. 237-257). Springer, Cham.
Steinkraus Jr, R. W. (2021). Employee Perceptions Related to Specific Work Processes within the Crime Control Model Known as the Stratified Model (Doctoral dissertation, Nova Southeastern University).
Xiong, M. (2022). Rethinking the Blackstone Ratio with Global Public Opinion: Crime Control and Due Process. The Chinese Journal of Comparative Law.
Završnik, A. (2020, March). Criminal justice, artificial intelligence systems, and human rights. In ERA Forum (Vol. 20, No. 4, pp. 567-583). Springer Berlin Heidelberg.
