Analysis of the Crime Control and Due Process Models
Protection and the right to trial and to appeal when necessary. While they are both very different systems, they both impact the way that our judicial system is run.
When comparing the due process and crime control models, it should be kept in mind that “proponents of both models embrace constitutional values.” (H.Packer, Criminal Procedure, p. 12) The ways that the two systems work together are few but they do seem to work accordingly with our adversarial system.
The way that this statement is supported is due to the fact that the authorities such as police and prosecutors are not allowed to act against a person unless they have violated a law. This does not give them the green light to prosecute against behavior that they personally may find immoral. (Criminal Procedure) The system is not based upon false imprisonment or harassing the public. There is concrete understanding that there are limits within the system that must be adhered to.
For instance, the government has limits as to its powers and abilities when investigating a crime or a person. (Criminal Procedure, p. 13) The law can only extend its arms so far. They cannot abuse their powers and must keep in mind that people have the right to a reasonable amount of privacy under the Constitution.
The “alleged criminal” in question is to be seen as a “independent entity”. (Criminal Procedure) This essentially means that you can prosecute without giving the alleged criminal their “day in court.”
The Crime Control Model states the following “the repression of the criminal conduct is by far the most important function to be performed by the criminal process.” (Criminal Procedure, p. 13) Of course this goes back to protecting the privacy while trying to maintain “public safety” (Criminal Procedure, p. 13)
The Crime Control Model could perhaps be seen in a negative mannerism due to the fact that it assumes the “alleged criminal” is guilty even before they step foot into the court. This model supports those actions of the police and prosecutors to the fullest extent. The analogy used to describe what the Crime Control Model looks like is a “conveyor belt.” (Criminal Procedure. P, 13) It moves the “alleged Criminal” through the system with the forethought that everyone is guilty until proven otherwise. This model also limits the amount of plea-bargaining and appeals. The demand for “finality is high in the Crime Control Model.” (Criminal Procedure, p. 13)
The Due Process Model is said to resemble an “obstacle course.” (Criminal Procedure, P. 13) The values within the Due Process model are based upon repression of crime as well as not assuming the police are not always correct in their “fact finding.” (Criminal Procedure, P. 14) This system is far more realistic in the fact that it leaves room for error. It does not automatically assume that the alleged criminal is guilty before the case is proven. The “finality is very low within the Due Process Model.” This means that there is room for appeals. This system does not want to risk prosecuting an innocent person; it “demands the prevention and elimination of mistakes to the extent possible.”
The Due Process Model is said to be “suspicious” of those who are power hungry and merely looking to convict. The difference between the two models in this sense is that the Crime Control Model is based upon “factual guilt” and the Due Process Model is based upon “legal guilt.” (Criminal Procedure. P. 14). Due Process is also based upon “equal treatment of the defendant.” The reason that this is believed is because it is felt that errors are the cause for an invalid conviction. While the Crime Control Model strongly contradicts this view it can sometimes hinder a persons rights within the system.
Overall after comparing the two, it is my opinion that the Due Process Model is far more realistic and unbiased. The Due Process Model is based upon what is important to this country and its people. It follows the basic ideations of the Declaration of Independence. The Crime Control Model seems to be run like a dictatorship. It seems like a method that may have started out with good intentions only to not work out that way in the end. Within the Crime Control Model there is no innocence until proven, and the police and prosecutors are always deemed to be right. Justice seems to hang on the edge of impeding on civil rights violations as well as many and freedoms that we hold dear as Americans.
As stated in the Declaration of Independence, ” We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” (U. S. History 1865-1945, Appendix -12) This is the credo that serves us best, the one that we must use when serving justice among our fellow man or woman.
References:
Zalman, M. (2002). Criminal Procedure: Constitution and Society (3rd Ed). Pearson Education; Prentice Hall
University of Phoenix (Ed.) (2002) U.S. History 1865-1945 [University of Phoenix Custom Edition.] Texas: Leyh Publishing LLC (Appendix -13, Declaration of Independence.)
Another suggested reading, ” Due Process of the Law – What Does it Mean?”
