The Consensus, Crime Control, and Due Process Models

1618 Words4 Pages
bulb-icon

Recommended: History of criminology research paper

The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.

The slippery slope becomes exceptionally slick during times of intense public anxiety and perceived social peril. History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure (Luna, 1999).

Historically regardless of when these types of approaches were explicitly defined and named, they still existed in the different types of approaches used in the justice system by each entity.

Criminal Justice Models

The Consensus Model

The consensus model is based on the thought that people, as a society, will reach an agreed consensus in regard to appropriate criminal approach. “Those individuals whose actions deviate from the established norms and values are considered to pose a threat to the well-being of society as a whole and must be sanctioned (punished)” (p. 5).

In regard to the consensus reached by the majority, the realism approach of what is illegal and who should be punished; the assumption is that those who live in a consistent society can decide moral values and norms of behavior.

[sic] “The society passes laws to control a...

... middle of paper ...

...s related to their goals is inherently clear as over time the system has done nothing but show improvement. The system is based upon trial and error and much goes into the evaluation of methodology that is used to further improve it. These models are also tracked through community surveys and crime statistics information in every element of the criminal justice system, and have proven effective.

Works Cited

Luna, Erik, The Models of Criminal Procedure, (1999)

http://wings.buffalo.edu/law/bclc/bclrarticles/2(2)/luna.pdf

Perron, Brandon, The Criminal Defense Investigative Training Council. The Crime Control

And Due Process Models. (2001). http://www.defenseinvestigator.com/article10.html

West Valley Education, Criminal Justice Today, (Chpt. 1, pg’s 5, 6, 18). (Updated 2009).

http://instruct.westvalley.edu/smith/aj1handouts/gaines_chapter1.pdf

Show More
Related

  • Jeffrey Cox and Amanda Watson Drug Possession Case

    1459 Words  | 3 Pages

    In order to understand how the criminal justice system will handle or process this crime it is imperative that one understands how the criminal justice system looks at procession of a controlled...

    Read More

  • Due Process vs. Crime Control Model

    465 Words  | 1 Pages

    The two models of crime that have been opposing each other for years are the due process model and the crime control model. 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 crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.

    Read More

  • Herbert Packer's Due Process, Due Process And Crime Control

    1205 Words  | 3 Pages

    In 1968, Herbert Packer was a Stanford University law professor who constructed two models of criminal process, due process and crime control. The due process model was Packer’s view that criminal defendants should be presumed innocent, courts must protect suspects’ rights, and there must be come limits placed on police powers. The crime control model is a model that emphasizes law and order and argues that every effort must be made to suppress crime, and to try, convict, and incarcerate offenders. Packer’s crime control model suggested that most cases ended in guilty please or withdrawals. In contrast, his due process model suggested that cases that go to trail and are appealed were the most influential. The due process and crime control model differentiate in

    Read More

  • paper

    986 Words  | 2 Pages

    The criminal justice system is made up of three main parts: law enforcement, the court system, and corrections. These three components are interconnected. You can’t have one without the other. The term “consensus model” describes this relationship. The consensus model supports the idea that all three groups should work together to achieve justice.

    Read More

  • The Exclusionary Rule: Redefining the Crminal Justice System

    1244 Words  | 3 Pages

    Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.

    Read More

  • Issues In The Australian Prison System

    1360 Words  | 3 Pages

    Carl et al. (2011, p. 119) suggests that there are two primary models as to how laws were created (i) the consensus (ii) conflict models. While the consensus model of law suggests that laws arise when people witness behaviours that they do not approve of, therefore agreeing to make that behaviour illegal (Carl et al., 2011, p. 119). The conflict model

    Read More

  • Criminal Justice

    751 Words  | 2 Pages

    The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.

    Read More

  • Individual Rights Versus Public Order

    1646 Words  | 4 Pages

    ...arly as aspects of both models have prevailed since the advent of established law and shall continue to as political issues persistently evolve. Leaving the criminal justice system, especially with respect to individual rights and public order, to adapt together as needed with it.

    Read More

  • Racial Discrimination in the U.S. Justice System

    4767 Words  | 10 Pages

    U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”

    Read More

  • Correctional Goals And Deprisonment In The Criminal Justice System

    1139 Words  | 3 Pages

    Unfortunately, the criminal justice system is a vital piece of today’s society. Without it, the public would be free to do whatever they choose with no real consequence to negative actions. According to the Bureau of Labor Statistics, roughly 3 million workers were employed in the criminal justice field in 2015 (Occupational Employment, 2016). This is made up of countless different agencies, including law enforcement, corrections, homeland security, and many more. Corrections is a key element in the criminal justice system, which has its own unique functional philosophy, administrative structure and functions, theoretical assumptions that govern its existence, organizational mission, goals and objectives, and division of responsibilities.

    Read More

  • The Rage to Kill Those who Kill

    1370 Words  | 3 Pages

    Parts of the criminal justice system are straightforward, requiring little interpretation or subjective thinking to understand their meaning. For example, law enforcement officials must properly collect and introduce evidence to determine whether a subject did in fact commit a crime. And once a suspect is apprehended, very clear rules are followed on the process of his or her arrest. Crimes themselves are clearly defined, as well: murder, arson, robbery. The constitution is specifying that the death penalty may be used, but warns that there are certain stipulations that must first be met.

    Read More

  • The History Of Criminal Justice

    1016 Words  | 3 Pages

    The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.

    Read More

  • Criminology: The Consensus View of Crime

    865 Words  | 2 Pages

    The Consensus View of Crime describes that crimes are basically behaviors that are believed to be extremely distasteful or unacceptable, in many, if not all elements related to society. Substantive criminal law, which is the written code that defines crimes and their punishments, reflect mainstream society’s values, opinions beliefs (Siegel, p.12). As it relates to consensus view of crime, the term “consensus” is used because it suggests because there is a general understand amount society as a whole of what behaviors are deemed intolerable and therefore should be considered criminal acts. Criminal behaviors are the behaviors that violate the criminal law. Acts are not considered to be crimes unless those particular acts are considered to be illegal based on the criminal law. As mentioned in “Criminology” by Larry J. Siegel, criminal law can be defined by as a body of detailed and specific guidelines about...

    Read More

  • The Criminal Justice System

    1478 Words  | 3 Pages

    The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.

    Read More

  • Classical School Of Criminology Essay

    1422 Words  | 3 Pages

    The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular

    Read More

More about The Consensus, Crime Control, and Due Process Models

Open Document