Criminal Procedure Policy

There are a number of perspectives utilized in the criminal justice processes . In the development of criminal procedure policies , there are two key perspectives that can be used represented by the due process and crime control models (Burnham Burnham , 1997 . In the due process model , no individual can be denied his liberty , property or life without being proven guilty in a court of law (Bureau of Justice Assistance 2000 . Thus , regardless of the arrest or evidence brought forward against the individual , there still is a presumption of innocence . In this model , the

judiciary is considered as the central component of the criminal proceedings ( Criminal Justice System , 2006 . In contrast the crime control model assigns guilt when arrests are made or when the prosecutor determines that a case should be brought up against the individual . There is an assumption that police and investigative evidenced against an individual justifies arrest and punishment Furthermore , the focus of the model is not to ensure that crime does not impact society which constitutes an impairment of the freedom of the majority (CliffsNotes .com , 2008

Both models have their applications . The application of due process models ensures that people have access to social equity and justice which are fundamental to any constitution or bill of rights . Moreover it provides a humanistic value to the law instead of limiting it to statutes and technicalities , allowing for mitigating circumstances and social changes ( Criminal Justice System , 2006 . In the same manner crime control models create credibility for police work and investigation . The model also recognizes that crime is not just an action against victims but also impact society as a whole . Furthermore it emphasizes crime prevention and victim 's rights . What is common in all of these efforts is the motivation to develop competencies that can prevent the occurrence and prevalence of crime (CliffsNotes .com , 2008 Though the models have similar objectives , analysis of the two models reveals distinct differences in perspective and approaches in developing criminal procedure policies

References

Bureau of Justice Assistance (2000 . Creating a New Criminal Justice System for the 21st Century : Findings and Results From State and Local Program Evaluations . Washington , DC : U .S . Department of Justice , Office of Justice Programs , Bureau of Justice Assistance

Burnham , R .W . and Burnham , Helen (1997 . United Nations World Surveys On Crime Trends And Criminal Justice Systems , 1970-1994 : Restructured Five-Wave Data Washington , DC : U .S . Department Of Justice , National Institute Of Justice

CliffsNotes .com (2008 . Which Model ? Crime Control or Due Process Retrieved on January 25 , 2008 from http /www .cliffsnotes .com /WileyCDA /CliffsReview /ArticleId-100 65 ,articleId-9911 .html

Criminal Justice System (2006 . Retrieved on January 25 , 2008 from http /www .fsu .edu /_vti_bin /shtml .dll /Cecil /cj-flowchart .html /map

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