Due Process vs. Crime Control Model Essay Example.

One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation.

The entirety of these acts is called the criminal process. When discussing the criminal process Packer begins to bring up some key components such as the difficulty in which the system should use to charge a criminal.

A case in point is that while crime control model seeks to offer effectual crime control, the goal of the due process model is to actually offer due justice.

The Due Process Model of the criminal justice system’s main focus is on fairness during trial. One of the ways this “fairness” is established is through the Due Process Test, also known as the Matthews v.

Here the main models of crime control and due process will be discussed that are considered as two different ideal types of criminal justice.Protection of the innocence and elimination of crimes from the street is the main role of crime control.While comparing both models it should be borne in mind that “proponents of both models embrace constitutional values”.

An example of a country with unique criminal justice system is Canada, which the police forces tend to lean toward crime control model and the courts lean toward due process. The model adopted by the early criminal justice system in England can be traced back to the common law precedent in Foster’s Crown Law, back in 1762.

The due process model (DPM) and crime control models (CCM) of justice were the first two models pioneered by Herbert Packer in 1964. The two models aimed to provide different perspectives of the criminal justice system (CJS).

Another difference with both models is the due process model believes that policing within the criminal justice system is essential to maintaining justice within society. The crime control model believes that the arresting of people in the criminal justice system has a negative effect and slows down the process of the criminal justice system.

The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. (Answers. Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model.

The Due Process model has added many procedures to the criminal justice system that are designed to ensure fairness in criminal proceedings. This week’s discussion will focus on fairness in sentencing.

The criminal justice system is so complex, there needs to be a method to help clearly understand the many facets involved. Stanford University School of Law Professor Herbert L. Packer (Memorial Resolution, 1972) in 1968 outlined the due process model and the crime control model as two very diverse ways to understand and process the mechanics of the criminal justice system.

Criminal Justice Essays on The Right to Due Process. The right to due process is guaranteed by the Fifth and Fourteenth Amendment to the US Constitution. The Fifth Amendment guarantees due process to the citizens and protection from self-incriminations.