Sunday, November 17, 2019
Two Models of the Criminal Process Essay Example for Free
Two Models of the Criminal Process Essay Abstract            The Criminal Control Model emphasizes the importance of protecting people, their property, and their rights for the good of the victim and the whole society. The Due Process Model is closer to our democratic ideals, and emphasizes the importance of individual rights at all stages of the Criminal Procedure. The models represent the two different (and contradicting) views on criminal justice and Criminal Procedure Policy. Two Models of the Criminal Process            Introduction            Contemporary theory of criminal justice uses the two different criminal justice models – the Crime Control Model and the Due Process Model. Both models were designed by Packer in 1964 and â€Å"embrace constitutional values†(Zalman, 2002). However, these models represent the two different sets of criminal justice values and can never be used simultaneously. Although both models are equally applicable within the democratic political framework, they cause different impact on shaping the Criminal Procedure Policy.            The Criminal Control Model emphasizes the importance of protecting people, their property, and their rights for the good of the victim and the whole society (Samaha, 2005). The Crime Control Model implies that people are unable to fulfill their social functions, if they do not feel safe. Crime control, satisfaction of society’s needs, and discretion create the practical basis of this model. Very often, the Criminal Control Model is compared to the assembly line conveyor belt that moves the endless array of cases and suspects through the criminal justice system (Samaha, 2005). From the viewpoint of the Criminal Control Model, justice should be speedy, correct, and accurate. Under the influence of the Criminal Control Model, the whole Criminal Procedure Policy turns into the power which never makes mistakes and is eager to sacrifice several innocent suspects for the sake of solving the crime.            The Crime Control Model is frequently blamed for assuming that the alleged criminal is guilty before the court takes objective and correct decision. In its turn, the Due Process Model is closer to our democratic ideals, and emphasizes the importance of individual rights at all stages of the Criminal Procedure. Fair procedures form the essence of the Due Process Model: â€Å"fair procedures means decision making according to formal rules growing out of the Bill of Rights and the due process clauses of the U.S. Constitution and state constitutions†(Samaha, 2005). In the Criminal Procedure Policy, the Due Process Model distrusts the power of government and implies that the government’s decisions should be controlled. In many instances, the Due Process is similar to the â€Å"obstacle course†; it is distanced from the idea of unmistakable justice and is based on the â€Å"fact finding†principles (Zalman, 2002). In distinction from the Crime Control Model, the Due Process Model relies on the equal treatment of all defendants and contradicts to the Crime Control Model’s view in that the rights of individuals can sometimes be hindered for the sake of the whole society and justice.            Conclusion            The Crime Control Model is close to conservative thinking, while the Due Process Model goes in line with liberal democratic ideals. The models represent the two different (and contradicting) views on criminal justice and Criminal Procedure Policy. It is impossible to determine which of the two procedures prevails, but evidently the Due Process Model has proved its superiority in the need to promote fairness of justice, equality of defendants’ rights, and the importance of legal procedures in the process of proving one’s guilt. References Samaha, J. (2005). Criminal Justice. Thomson Wadsworth. Zalman, M. (2002). Criminal procedure: Constitution and Society. 3rd edition. Pearson Education: Prentice Hall.
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