crime control vs Due Process

The Due Process Model and the Crime Control Model


The due process model and the crime control model are the two models of the judicial system. The control model seeks to regulate criminal behavior within the judicial system, whereas the due process model is concerned with upholding individuals' rights during the justice process. (Packer 1). The crime control model strives for efficiency within the criminal process, whereas the due process model strives for accuracy and dependability of choices made during the justice process. (Daly 5). This essay aims at discussing how the police can carry out the goals of the control model while observing the due process protections.


The Police's Role in Applying the Models


The police have a big role in applying the two models during criminal investigations in the justice process. However, applying the two models at the same time seems to bring about challenges to the police on the applicability. It is the duty of the police to ensure that the values of the two models are upheld at all time during the justice process. The police can carry out the goals of the control model while observing due process protections by ensuring that they obtain facts of the findings in the criminal process. They should operate while presuming innocence of all suspects until they are proven guilt (Daly 6). This is a sure way of respecting the rights of individuals during the justice process.


Following the Requirements of the Law


When doing their investigations, the police are required to follow the requirements of the law. They should always remain legal when obtaining evidence and proving a criminal case. When they are not required to treat specific conduct as not criminal, they should obey that. At every step of the criminal procedure, the police should be able to accept the primary decision as a premise for action (Packer 2).


Respecting Citizens' Liberty


During the criminal process, the police should not deprive citizens of their liberty. The public should not be stigmatized or coerced in the name of criminal investigations by the police. The police should follow the powers provided by the state in their duties and ensure every citizen enjoys their liberty. In this case, the police, as state officials, should exercise their discretion in a manner that is tolerable and with a minimum degree of error.


Achieving the Goals in the Best Interests of Citizens and Country


In conclusion, the goals of the control process can be achieved while observing the due process protection and crime control model intertwine to work at the best interests of citizens, country, and the judicial process. A country without an effective judicial process means that the citizens are oppressed or mistreated by the police during criminal investigations. To obtain evidence, the police follow the proper way of achieving their goal while maintaining the values of the due process where the rights of citizens must be respected.

Works Cited


Daly, K. (2011). Aims of the Criminal Justice System . School of Criminology and Criminal Justice Griffith University, Brisbane, Queensland AUSTRALIA. Retrieved from https://www.griffith.edu.au/__data/assets/pdf_file/0010/300988/Chapter-17,-Aims-of-Criminal-Justice-updated-22-April-11-for-webposting.pdf


Packer, H. (1968). Two Models of the Criminal Process. The Limits of the Criminal Sanction. Stanford University Press.

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