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Two Models of the Criminal Process

Herbert Packer discusses two models of the criminal process identify them and discuss them in detail. In your discussion be sure to compare and contrast the models outlining the differences as well as the similarities. Finally, pick a model and defend.

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RESPONSE:

1. Herbert Packer discusses two models of the criminal process identify them and discuss them in detail. In your discussion be sure to compare and contrast the models outlining the differences as well as the similarities. Finally, pick a model and defend.

The Crime Control Model

The value system that underlies the Crime Control Model is based on the proposition that the repression of criminal conduct is by far the most important function to be performed by the criminal process. The presumption of guilt is what makes it possible for the system to deal efficiently with large numbers, as the Crime Control Model demands. On the other hand, the presumption of innocence is a direction to officials about how they are to proceed, not a prediction of outcome. The presumption of guilt, however, is purely and simply a prediction of outcome. The presumption of innocence is, then, a direction to the authorities to ignore the presumption of guilt in their treatment of the suspect.

According to Herbert Packer, the following points are key features of the crime control model:

1. The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society.
2. Criminal justice should concentrate on vindicating victims' rights rather than on protecting defendants' rights.
3. Police powers should be expanded to make it easier to investigate, arrest, search, seize, and convict.
4. Legal technicalities that handcuff the police should be eliminated.
5. The criminal justice process should operate like an assembly-line conveyor belt, moving cases swiftly along toward their disposition.
6. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is highly reliable.
7. The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused.

In this model, the center of the process lies in the early, administrative fact-finding stages. Thus, the ...

Solution Summary

This solution discusses two models of the criminal process, and then compares and contrasts the models outlining the differences as well as the similarities. It is evaluates which theory is best. Supplemented with an article on Packer's explanation of the two models.

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