WA 5 Breakdown

WA 5 - Description Which criminal process model, the Crime Control model or the Due Process Model is more effective? Evaluating the crime control and due process models To declare that one of these models is superior to the other requires one to make a value judgment. The crime control model reflects conservative values, while the due process model reflects liberal values. Political climate determines which model shapes criminal justice policy at a specific time. During the politically liberal 1960s, the principles and policies of due process predominated in criminal justice. From the mid-1970s to the early twenty‐ first century, conservatism has Evheld sway as the dominant political philosophy, and conservatives have formulated criminal justice policies in the image of the crime control model. The Crime Control model (page 214) " the crime control model would say a person is guilty until proven innocent by the courts " The crime control model which is a model that Packer (1968) describes as the part of the criminal justice system which condemns individuals for doing an action which is seen as criminal. Packer describes this model as prioritizing in the convictions of individuals who have committed a criminal act and not waiting for the courts to decide. In his theory, Packer believes that this model is concentrated on the conviction and would risk the conviction of innocent people to achieve its goal. The crime control model can therefore be said to be the scheme set to punish people and make a difference towards society in reducing crime and showing the public that by these arrests and convictions, it may show the criminal justice system being effective and beneficial to society. The crime control model should prevail The following assertions are the key concerns 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. The Due Process Model (page 215) " the due process model would say that an individual is innocent until proven guilty " The due process model is the understanding that a person who has met one of the criminal agencies cannot have their rights rejected without appropriate legal measures. Therefore, any individual who is being or has been charged with a crime, they have several rights in which the criminal agencies must uphold as the individual is protected under human rights which could be said to co-inside and relate to the due process model. Packer (1968) describes the due process model as having less faith in the criminal agencies, such as the police, and believes that among few criminal cases mistakes can happen and additionally, there is a chance of agencies acting corruptly or dishonestly. For that reason, therefore Packer believes this model is useful as it limits the coercive powers of the criminal agencies and if there is an occurrence of any mistake or corruption, an individual has the right to defend them self. Therefore, the main aim of the due process model is to establish a system that an individual is innocent until proven guilty in court (Packer, 1968). The due process model should prevail Packer's due process model is a counterproposal to the crime control model. It consists of these arguments: 1. The most important function of criminal justice should be to provide due process, or fundamental fairness under the law. 2. Criminal justice should concentrate on defendants' rights, not victims' rights, because the Bill of Rights expressly provides for the protection of defendants' rights. 3. Police powers should be limited to prevent official oppression of the individual.
4. Constitutional rights aren't mere technicalities; criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process. 5. The criminal justice process should look like an obstacle course, consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually guilty. 6. The government shouldn't hold a person guilty solely based on the facts; a person should be found guilty only if the government follows legal procedures in its fact‐finding. Find three cases to use as examples. Cite directly to the cases and read the cases yourself. Do not rely on a third party to interpret the case for you. Case #1 Case #2 Case #3
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