Two Models of the Criminal Process

br Criminal Process 1

Running Head Two Models of the Criminal Process Two Models of the Criminal Process Criminal Process 2

Two Models of the Criminal Process

A close examination of the American justice system will reveal that the center point of controversies relating to the need for an effective system to combat crime , that has been debated for several years , lies in the different philosophies that are primarily liberal and conservative and hence political in nature . The primary goals of the Criminal procedure Policy are firstly , the need to maintain

br law and , and secondly the need to protect the citizens from suffering injustice . Normal jurisprudence suggests that these two goals represent a consistent ideology , but they are mostly found to be in conflict with each other . The first of the two goals is the Crime Control Model that was developed by Herbert Packer in the 1960s , and which aggressively emphasizes that criminals be arrested , prosecuted and convicted . The second goal is in protecting the rights of individuals accused of criminal activities and is referred to as the Due Process Model . Over the decades , it is observed that the conservatives have always endorsed the Crime Control Model while the liberals have canvassed for the Due Process Model , and the two models have always been in conflict with each other , having been used in tandem with the political patronage and will of authorities (Duff Peter 1998

Proponents of the Crime Control Model believe that criminal activities be curbed at any cost , and that a war be declared on crime by identifying and eliminating criminal elements in society . Such strategies target high crime areas , increased patrolling , surveillance and taking a tough stand against criminals even though individual rights may have to be sacrificed for the good of the majority of the society With such conservative measures criminal activity is bound to decrease drastically although there be stray Criminal Process 3

incidents of such a strategy resulting in collateral damages by way of innocent people being targeted as criminals without being given recourse to appropriate justice . Having

considered the strengths and weaknesses of the Crime Control Model , the question is often raised whether the American Justice system should consider the individual civil rights and liberties of its citizens , and such jurisprudence was set forth by Sir William Blackstone when he said that It is better that ten guilty escape than one innocent suffer (Brandon 1998 . In this context , the Due Process Model provides for the law enforcement machinery to recognize the rights of suspects when arrested and to be dealt with decently during questioning , in addition to providing constitutional guarantees by judges during trials . The primary purpose of the Due Process Model is to protect innocent people from being convicted wrongly . However it is often argued by critics of this model that while it takes care of the rights of the accused , it ignores the rights of victims of criminal activities

Having discussed both the Crime Control Model and the Due Process Model...