The Crime Control Model and the Due Process Model obviously have competing values. What common ground do the models share? Where do they disagree the most?© BrainMass Inc. brainmass.com July 17, 2018, 2:07 am ad1c9bdddf
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There are two models of the criminal process which compete within the process and cause a tension in the criminal justice system. There are underlying values of each and most of the time neither stops to consider the dynamics of the other nor their underlying values. The models are polarities and neither is entirely subscribed to by anyone in the system. There is common ground, however, and assumptions that are shared widely. (Packer, Herbert L. 1968)
The first is that criminals cannot be dealt with until the definition of criminal behavior has been established. One certainly cannot accuse a person of a crime if that crime has not been previously defined. (id)
Secondly, when it is suspected that a crime has been committed and there is reason to believe that the perpetrator can be apprehended the criminal process should be invoked. Of course, it is known that there are times when this process has not been invoked when there has been a crime committed, while there have also been times when the process has been invoked when a crime has not been committed. (id)
Third, the Constitution limits the powers in the criminal justice system to interfere in the lives of the American citizens (e.g. illegal searches and seizures covered by the fourth amendment to the Constitution).
Although there is the right for the accused to participate in his own defense and may insist that the system show to an independent entity (judge and/or jury), it is a permission and not a requirement that the defendant participate. Between the two models there are stronger and/or weaker notions of how the contest now to occur will be arranged. The Crime Control Model would in all probability put less emphasis on the process as being "adversarial," while the Due Process Model would determine the adversarial aspect was central to the process. (id)
Underlying the Crime Control Model is the determination that the most important function in the process is crime prevention. The failure to do so, then, would cause the breakdown of "public order. . . an important condition of human freedom" (id), i.e. the failure to apprehend criminals would subject citizens to victimization and thereby prevent them from having freedom. The necessity to fulfill the goal of crime prevention does, by its very nature, lead to more employment and man-hours in the entire criminal justice process, leading to higher costs. This leads to the necessity of efficiency which has also led to a broader area of behavior to be considered anti-social. This, of course, leads to still higher costs and the public is not necessarily ready to invet in either the quantity or quality of resources to prevent crime.
This model leads to the desire for a high rate of apprehension and conviction and the magnitude is very large, while the resources are very limited. This requires speed and finality. Speed leads ...
The Crime Control Model and the Due Process Model are contrasted.