Criminal Procedure Policy Paper

1094 Words Oct 18th, 2010 5 Pages
The two models of crime that have been opposing each other for years are the crime control model and the due process model. These two models were developed by Herbert Packer, a law professor at Stanford. Political climate determines which model shapes criminal justice policy at a specific time. During the 1960’s due process dominated criminal procedure whereas the mid 1970’s to present day, crime control is dominating criminal procedure. These two models as well the Fourth, Fifth, Sixth, and Fourteenth Amendments shape the criminal procedure policy as it is known today.

Crime Control Model

The most important value of the crime control model is the repression of crime. Unless crime is controlled, the rights of citizens who abide
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Liberals believe that the way to reduce crime is to change the social environment. The due process model reflects that police powers should be limited to prevent official oppression of the individual. This model allows for the criminal justice process to look like an obstacle course consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually guilty (Zalman, 2008). The due process model emphasizes the need to reform people through rehabilitation. Preferable prison sentences under the model include community-based sentencing alternatives.

Fourth Amendment

The Fourth Amendment gives the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Scheb & Scheb II, 1999). Law enforcement argues that the Fourth Amendment limits the ability for them to fight crime. The limitations that are posed on law enforcement stem from decisions rendered by the courts in respect to their interpretation of the Fourth Amendment. This can cause changes and new interpretation that can further limit or expand the limits of power

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