Due Process And Crime Control Model

Abstract This paper discusses in details the due process and crime control model followed in American Justice System which is always classified into two major areas, that is, upholding the social stability through enforcement of law and the protection of the people by providing timely justice. Additionally, this paper will also explain the differences between these two models.

Due Process and Crime Control Model The United States’ Crime Control and Due Process Model For years now, two models of crime have been opposing each other. These models are the crime control model and the due process model. The two models show vast differences yet still yield the same amount of supporters. The crime control model stresses the order

When using the offense control template, law enforcement officers are more or less allowed to do whatever they can in the interest of preserving justice. Due process opposes the crime control model in a manner which places limits on the way law enforcement officials collect evidence. This difference clearly defines the two types from each other. With the crime control model, law officials are free to push limits and boundaries to gain evidence and in some cases, the use of force is applied to coerce a suspect to talk. It would seem the assumption of guilty is being implemented to a suspicious male or female before there is sufficient evidence to prove them guilty. This assumption and the use of force is not justified because a crime committed nor the nature of a crime committed. Overall, a suspect is not perceived as innocent until proven guilty beyond a reasonable doubt. On the other hand, due process presumes innocent, and defendants are treated as such until proved guilty beyond reasonable doubt. Thus why going by this model there is a limit to what the law enforcement officials can do in finding evidence lest they go against the rights of the suspect in the

Crime control gives police officers a level of protection when they hurt citizens to gain evidence. This is a crime in its self and ultimately discards the trust of the citizens that it’s sworn to protect. Simply put, crime will increase due to the resistance and retaliation by citizens that feel unprotected and abused by law enforcement officials. There are different opinions about this reality, but most importantly, emerging behavior of the collective society has to be considered, and due process model fits in the current circumstances (Scheb, 1999). A good way to curb this is using the due process model. Limitations are placed on police officers’ actions, and the strategy of gaining evidence is bound law. This is the ultimate justice for our society and a valid way of reducing crime. Justice is more important than law, and this can be seen in the adage that, ‘it is better that ten guilty people escape than for an innocent person to suffer’, and this is what due process stands