Essay on Two Models of the Criminal Process

The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.

There are two models that describe the criminal process. One model is the Crime Control Model and the other is the Due Process Model. These two models describe an attempt to abstract two separate systems that

Both models’ fundamental principal is discovering the truth. The crime control model focuses on the truth regardless of how it is reached whereas the due process model places restrictions on what the state can do to discover the truth. In addition, the crime control model aims for the repression of criminal conduct, whilst the due process model aims to prevent and eliminate crime. Packer’s intentions were not to create two separate models; rather he intended to create a spectrum from one extreme to the other. The Scottish legal system does not wholly consist of crime control elements nor due process elements. It is a mixture of both of these models that attempts to balance the rights of the state to secure a conviction, with the rights of the accused to a fair trial. It can be seen that there is not an appropriate balance between the two as there is not equal and proportionate rights given to both parties, resulting in excessive protection being given to the defendant. This imbalance is best described by discussing the powers of the state in contrast to the defendant’s rights pre-trial and during trial.

The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).

The Due Process and Crime Control Models are able to coexist. Frank Scmalleger, a noted criminologist, support a new approach where "it is realistic to think of the U.S. system of justice as representative of crime control through due process." (Schmallager et al, 1999) In using both of these models law enforcement and the judicial system can

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

Within the past decades, there has been a noticeable increase in the number of heinous crimes committed, causing some of the laws to significantly change. During the 1970s, some dramatic changes occurred when laws shifted from one extreme to another: rehabilitation to retribution. Such circumstances created an additional emphasis on the offense rather than on the offender. During the 1980s, the “get-tough-on-crime” era began; thus, radical changes in laws continued up until the late 1990s. Throughout the period of the Industrial Society, the United States had two bipolar types of punishment: harsh and lenient. Today, the main focus of the Criminal Justice System is about retribution and punishment.

There are two distinct types of models that are found in the English criminal justice system. These are the crime control model and the due process model. They vary in their characteristics and are considered to take divergent objectives. Basing on their evident differences, one of them is actually considered being more effective than the other if the new wave and rate of crime being witnessed in the society is anything to go by. This paper therefore seeks to identify some of the differences between these models and point out that which is considered as effective in dealing with rate of crime in our current society.

The criminal justice field faces the challenges of getting criminals off the streets, and prosecuting them, while using limited funds and manpower. Citizens expect results, and want to feel safe when they are in their own neighborhood. On the other hand, citizens in our democratic country expect people to be treated fairly, and feel the need to make sure that no innocent people are wrongly sent to jail. It is a balancing act of keeping the community safe on one hand, and on the other, making sure that no one’s rights are violated. It is like being told to do a job, but then having all these rules and obstacles you have to navigate around in order to do your job. The following paper is a study of the differences between due

The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm, ensure everyone’s safety, and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice system needs to evolve so it is important to create new laws to keep up with the evolution and new trends. As new trends and contemporary issues develop in society, they can have a direct impact on the different functions of the criminal justice

These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward

The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.

I have come to the conclusion after reading this article that the intended audience is anyone involved in the criminal justice system. Police officers, lawyers, judges, probation officers and everyone in between can find use in the article and its comparing and contrasting of the crime control model and due process model.

The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years. This paper discusses models, crime control and due process, and how each affects the criminal

The Criminal Justice System goes as far back as the days of Jesus. There were Soldiers who acted like policeman, the tribune which was the court system, and Caesar, Herod and even Pontius Pilate stood as judge. The prison system was that of dark caves and dungeons. As we journey to the twenty-first century, nothing has genuinely changed. In my essay I will explicate how the various aspect of criminal justice relate to one another as well as why it so important in society. Criminal Justice refers to the facet of social justice that concern violators of criminal law. The