Difference Between Crime Control And Due Process Model

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In the United States, the criminal justice system follows two unique diverse models that protect the people. One of these models is the Due Process Model and in this model, the rights of the defendant are equally and fairly treated. Which this process being the main objective of this clause. The second model is the Crime Control Model and in this model strict punishments to the defendant committing the crime be forced but also protecting the individual 's rights as well. Both these models have a different method in which they protect the individuals but have a similar focus. Going further, these two models and their methods to safeguard the citizens will be discussed. The due process model is described in both the 5th and 14th Amendment …show more content…
Although these two models fall under different Amendments, both the Crime Control and Due Process model assure protection to individuals upon different approaches. In the criminal justice system, these two model differ. The Due Process Model, the defendant accused of a crime is not guilty. The defendant is innocent until proven guilty (Packer, 1964, p. 41). The Crime Control Model, the defendant arrested and charged with a crime is no doubt guilty (Packer, 1964, p. 39). The main focus in which is anticipated to protect the perpetrator’s due process rights is the right to a counsel. This is established under the Due Process Model (Keith p. 13). “Ineffective assistance of counsel is a recurring theme in wrongful convictions. Under the Crime Control Model, as Packer described it, defense counsel was considered a luxury, or worse, an impediment to efficient processing of the guilty. By contrast, under the Due Process Model, as we have seen, defense counsel was the key to asserting and protecting the defendant‘s rights” (Keith p.43). The techniques of extending …show more content…
Per a video by Mr. Steiner on Due Process of Law, he described the whole process from being searched, arrested, being convicted, and going to trial. During the whole process under Due Process, the victim and their rights are very important during the time of conviction. The victim’s rights are not taken away and that they can defend themselves. During the video, he specified that it is up to the judge’s discretion at any time during the trial can remove any evidence or dismiss a case if due process of law is not followed rightfully and fairly (Steiner, 2015). In my opinion, that is just being fair and looking out for the best interest of the victim during the trial process. Also, per a video on Due Process Law by Garet Kartchner, states that in Crime Control, police’s decisions and findings are completely trusted and that defendants are guilty until proven innocent (Kartchner, 2015). Also stated in the video that in Due Process Law an attorney that the accused cannot afford is appointed to protect them (Kartchner, 2015). As I previously stated in this essay that in Due Process Law, a defendant is innocent until proven guilty and their rights are fairly treated. Personally, I agree with fairness and equal opportunity to be heard and plead your case and not have the process rushed through for safety measure on manipulation of the government,

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