Like the Chinese yin and yang, Chinese philosophers consider conflicting forces flattering. Similar tensions exist in the Canadian criminal justice system of the crime control model and due process. Herbert Packer introduced the crime control and due process model in his book, The Limits of the Criminal Sanctions. (http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=2512&context=ilj) The reading demonstrates the divided processes in criminal justice system. There are certainly some people in society that see the criminal process as a repressive system against crime and then there others who view the protection of an individual rights as a more important process. Crime control and due process are different in many features. It
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It is known that laws are placed to maintain social order, harmony and protect citizens from injustice and accomplish the goal of social control. Theoretically, the crime control model is assumed to deter solemn and petty crimes. Assuming, the model is based on the idea of utilitarianism, which means actions are considered right if it benefits the whole of society. From a conservative perspective, the crime control model puts little focus into individual’s rights in order to maintain public safety. (http://education-portal.com/academy/lesson/crime-control-model-definition-examples.html#lesson) There is no doubt that the crime control model assumes that an one should give up their very right to benefit society as a whole. ** The values that underlie the crime control model is based on the suppression of all types of …show more content…
In actuality, the crime control and due process model contradict each other. Despite the opposition for both models, it is truer to say that the Canadian justice system is based upon these two principles. There is a continuous shifting balance between the two models. The crime control model gives law enforcement, criminal justice agencies, prosecutors the ultimate free power to detain the offender, even if the offender is not guilty. This model is usually at the bottom of the criminal justice system, whereas due process is at the top with the procedures and courts. If police do an unreasonable search and seizure then they are violating the due process. The first advantage of the due process model includes the things that are taken for granted by citizens are what the due process stands for such as the right to fair trial and equality before the law. Nevertheless, in attempt to maintain these rights, impartiality of the judge and jury has been put into place. (http://www.lawteacher.net/criminology/essays/due-process-can-be-explained.php) The juries fundamentally play a key part in the right to fair trial, because the jury is able to provide an equal judge for the defendant, rather than a judge who differs in the defendant’s circumstances. As part of the due process, the juries provide justice that must be seen to be done. One of the
It is known that laws are placed to maintain social order, harmony and protect citizens from injustice and accomplish the goal of social control. Theoretically, the crime control model is assumed to deter solemn and petty crimes. Assuming, the model is based on the idea of utilitarianism, which means actions are considered right if it benefits the whole of society. From a conservative perspective, the crime control model puts little focus into individual’s rights in order to maintain public safety. (http://education-portal.com/academy/lesson/crime-control-model-definition-examples.html#lesson) There is no doubt that the crime control model assumes that an one should give up their very right to benefit society as a whole. ** The values that underlie the crime control model is based on the suppression of all types of …show more content…
In actuality, the crime control and due process model contradict each other. Despite the opposition for both models, it is truer to say that the Canadian justice system is based upon these two principles. There is a continuous shifting balance between the two models. The crime control model gives law enforcement, criminal justice agencies, prosecutors the ultimate free power to detain the offender, even if the offender is not guilty. This model is usually at the bottom of the criminal justice system, whereas due process is at the top with the procedures and courts. If police do an unreasonable search and seizure then they are violating the due process. The first advantage of the due process model includes the things that are taken for granted by citizens are what the due process stands for such as the right to fair trial and equality before the law. Nevertheless, in attempt to maintain these rights, impartiality of the judge and jury has been put into place. (http://www.lawteacher.net/criminology/essays/due-process-can-be-explained.php) The juries fundamentally play a key part in the right to fair trial, because the jury is able to provide an equal judge for the defendant, rather than a judge who differs in the defendant’s circumstances. As part of the due process, the juries provide justice that must be seen to be done. One of the