M8A1: Herbert Packer's Crime-Control Model of Criminal Justice is More Needed Today than the Due Process Model of Deterring Crime
I would like to AGREE with my question. Herbert Packer's crime-control model of criminal justice is more needed today than the due process model of deterring crime. Please read the guidelines: Image of a graded assignmentBelow you will find five (5) debatable and controversial issues in criminal justice today. For your final project paper, you will either agree or disagree with ONE of the issues below. Based upon your research, first critically analyze both sides of the issue and then logically argue why you agree or disagree with your chosen issue. An abstract is not necessary in this paper. However, the body of your paper should contain relevant facts, scholarly studies, and information that are less than 10 years old, appropriately cited and referenced. Conclude the paper with a brief summary of your major findings and arguments in defense of the issue chosen for this paper. Topics: Herbert Packer's crime-control model of criminal justice is more needed today than the due process model of deterring crime. Final Project Paper Instructions Your final project paper should be at least 5 pages, but no more than 7 pages in length, doubled spaced, written in 12 point Times New Roman font, with 1 inch margins all the way around. A minimum of SEVEN (7) resources should be used, cited and referenced according to APA writing style guidelines. Wikipedia and encyclopedic sources are prohibited (I suggest that you investigate the many excellent scholarly sources available within Excelsior College’s Virtual Library; also, ask the librarian for assistance in searching for sources). Include a separate title page and reference page (title and reference pages are not counted as part of the 5-page minimum). Be sure to submit your project in one WORD document in APA format and place it in the appropriate assignment drop box. The final project paper is due on or before 11:55PM on Sunday at the end of Module 8. Compose your work using a word processor (or other software as appropriate) and save it frequently to your computer. When you're ready to submit your work, click Browse My Computer and find your file. Once you've located your file click Open and, if successful, the file name will appear under the Attached files heading. Scroll to the bottom of the page, click Submit and you're done. Be sure to check your work and correct any spelling or grammatical errors before you post it. Your responses should be accurate, comprehensive, and supported by appropriate APA formatted citations.
Herbert Packer's Crime-Control Model of Criminal Justice is More Needed Today than the Due Process Model of Deterring Crime.
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Herbert Packer's Crime-Control Model of Criminal Justice is More Needed Today than the Due Process Model of Deterring Crime.
Introduction
In 1964, a renowned Stanford Law School professor, Herbert Packer, proposed two criminal justice models; the crime control model and the due process model (Herbert, 1964). Over the past years, the two models have influenced much about criminal justice, in the U.S. However, the two models hardly offer a convenient way of meeting the ever competing demands of the criminal justice system because there have been series of tension regarding which model is better suited. This paper seeks to compare and contrast the two opposing models in order to determine which of the two has an upper hand in the today’s criminal justice system.
The Crime Control Model
The crime control model is viewed as a traditional approach to crime used to protect the public and their possessions from being damaged by criminals. The model stresses on stringent and quick punishment to criminals, which benefits the society by instilling fear in anybody attempting crime. It also emphasizes on prompt action on criminal cases throughout the criminal justice system by the police and prosecutors. Packer made an assumption that competence in police investigations, arrest, and prosecutions result in highly reliable facts that will find the accused guilty, thereby controlling crime. Gaines & Miller (2015) indicated that the main goal of crime control model was to deter crime by arresting and incarcerating criminals as quickly as possible to assure safety in the society.
Principles of Crime Control Model
One of the primary ideas that allow the principles of crime control model to prevail is the fact that it allows police to do their jobs by limiting the amount of judicial oversight of law enforcement tactics (Gaines & Miller, 2015). This means that police are given extensive analytical powers to arrest and the only restrictions during questioning are those intended to guarantee the consistency of the suspect's statements because any intimidation may lead to the conviction of an innocent person. Moreover, police have this power because only the guilty ones have something to hide. The scheme relates well to the case of Ohio vs. Robinette, which allowed the police greater freedom to search the automobile of a driver stopped for speeding. After the search, police found some marijuana and ecstasy tablets, and Robinette was arrested for being in possession of the controlled substances. However, after appealing, the court reversed the verdict declaring that the search followed an illegal detention. Instead, the police would have informed him that he was free to leave and then request to search the car.
Another reason that helps the principles of crime control model to succeed is its ability to limit the number of rights and protections that a defendant enjoys in court. It places the goal of controlling crime uppermost, putting less emphasis on protection of individuals’ rights (Cole et al., 2015). A detained person is not allowed to speak to their lawyer because it slows down the process and the guilty one might get away after following their lawyer’s instructions to remain silent or change their statement, thereby tampering with the evidence.
The last principle of crime control model is incarcerating criminals for lengthy periods by imposing harsh sentences. The principle views justice system as a barrier between destructive criminal elements and the conventional society because people want protection from dangerous criminals and expect the government to do what is necessary. This belief, may in some cases, benefit the criminals because they are under protective custody that prevents suicidal cases and restricts anything that may harm them. Therefore, the model promotes policies such as increasing the size of police forces, building more prisons, use of death penalty, and reducing legal control on the justice system.
The Due Process Model
The due process model is viewed as an open-minded approach to criminal justice that protects the civil right of criminals at all costs. It is based on and derives its name from the due process clause of the fourteenth amendment; nor shall any state deprive any person of life, liberty or property, without due process of law (Bacigal & Tate, 2014). It is of the opinion that the accused is innocent until proven guilty. This calls for strict scrutiny of police search interrogation procedures and review of sentencing policies (Siegel, 2010). The goal of the model is to protect the individual charged with a crime against the immense and sometimes possibly unjust power of the state (Gaines & Miller, 2015).
The Principles of Due Process Model
The model assures constitutional rights of those accused of crimes at the hands of both the law enforcement officers who make the arrest, and the prosecutors who prosecute the defendant in criminal court (Gaines & Miller, 2015). However, Siegel (2010) argues that the due process model is an impediment to effective crime control because it advocates for the protection of criminals rights. Thousands of criminals go free every year in cases that are dropped because police officers violated the suspects&rsqu...