Due Process and Crime Control Models

Due Process and Crime Control Models
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Due Process and Crime Control Models
In this paper, an analysis is provided that compares and contrasts how the Due Process model and Crime Control model shape criminal procedure policy as well as the effect that these 2 models have on criminal justice system. In this paper, the purpose is to provide an analysis of the Fourth, Fifth, Sixth and Fourteenth Amendments of the United States. In addition, the applicability of the Bill of Rights to the states via the Fourteenth Amendment is also provided.
The Crime Control Model and the Due Process Model both have constitutional values which are beneficial to every branch of the criminal justice system, people who work in the system, and the whole society at large. In essence, the Due Process Model focuses on the protection of everyone whether they have committed crime or not by guaranteeing a level of constitutional liberties and rights (Palmiotto, 2009). It does this through reducing the level of discretional power that police officers have, as well as limiting laws. In addition, it does this by requiring that one has to conform to, and follow the formal procedures and process of the law when they establish a criminal case. Conversely, the Crime Control Model is primarily concerned with protecting the society by putting into practice an effectual means of law enforcement by using a number of strategies and the prosecution of offenders. Both the 2 models prohibit police officers to apply discrimination, prejudice, bias and personal beliefs to situations (Roach, 2009).
The key dissimilarity between the 2 models is that the Due Process Model assumes a suspect to be innocent until he/she is proven guilty, whereas the Crime Control Model supposes that an individual is guilty before her/his day in court. Moreover, the Crime Control Model endeavors to move suspects through the criminal justice system like a conveyor belt and tries to avoid utilizing appeals and plea bargains if at all possible. In essence, the conveyor belt philosophy lessens congestion in court, and thereby it allows the courthouses to hear and try more criminal cases (Jones, 2010; Chapman & McConnell, 2012). This is perceived by society as a significant benefit given that it eliminates and punishes many offenders within a timely manner. The society perceives the Due Process Model as a frustrating impediment which serves to slow down prosecutions because of giving the guilty suspects needless protections. Nonetheless, the Due Process Model is regarded as a risk reducer of mistakes given that it attempts not to punish the innocent by eradicating and preventing inaccuracies and corruption to every possible point (Gilling, 2010).
The United States has undergone periods in the past wherein each of the models dictated the criminal justice system. It is of note that the Fourth, Fifth, Sixth and Fourteenth Amendments all through history have been shaped because of verdicts of the Supreme Court on key criminal cases. The 4th Amendment basically provides several significant protections. It guarantees everyone the right to be secure persons, effects, houses and papers, against irrational seizures and searches (Marceau, 2008). Before getting a warrant to search and arrest or seize, police officers have to establish probable cause. The Supreme Court of the United States made a judgment in County of Riverside v. McLaughin (1991) that detaining a suspect for more than 48 hours after the arrest of the individual without probable cause is a breach of the individual’s 4th Amendment Rights (Cade, 2013). It is notable that the Fourth Amendment was espoused due to an abuse of law enforcement power whenever getting a writ of assistance. Presently, police officers must contact a magistrate/judge and include the information of the suspect, items to be seized, the location as well as the evidence supporting probable cause when they obtain a search and seizure/arrest warrant.
The Fifth Amendment is an imperative protection that is offered to every person in the United States. This is the only Amendment wherein the police are compelled to educate-inform a suspect of particular guaranteed Constitutional protections. Before a custodial interrogation happens, the law enforcement officers have to enlighten a suspect that he/she has the right to be silent. Consequently, this serves to prevent the suspect from giving the police officers self-incriminating evidence which would be utilized ...