Crime Control Vs Due Process Model

Stanford University law professor Herbert Packer’s models analyze two contrasting standpoints of the way the criminal justice system is, or should strive to, be. The two split positions charted by the Crime Control and Due Process models seek to describe perhaps the two most prominent positions in regards to the power and influence of the criminal justice system: that the safety of the community should be valued over all else, or that the rights of the individual are the most important values to uphold. These ideological conflicts remain the forefront of problems within the criminal justice system, and understanding each persuasion is essential to analyzing and overcoming differences in each stage of the criminal justice process.
The Crime …show more content…
The goal of incapacitation, or using prison (or some type of imprisonment) as a way to remove more offenders (or potential offenders) off the streets, exists conjointly with the outlook and ideologies of the Crime Control Model. Those following the philosophies of this model cite that the best way to protect the community is to remove offenders from public interaction, so incapacitation would best serve the needs of both the offender and society. Society benefits from the lessened potential of an offender committing further crimes against the law abiding, and the offender must deal only with the restraints defined under his sentencing, and not further punishment (such as retribution). With the goal of incapacitation looming, it is easier to quickly and efficiently push offenders through and standardized criminal justice system without much thought for the outcomes for the individual. Citing the goal of incapacitation also provides more validity for the discretion of law enforcement officials, especially when making arrests or detaining parties. If removing threats from the street at any cost is translated to policing, it allows for any perceived threat (by an officer’s standards) to be detained, regardless of the criminality of the …show more content…
This model’s intention is to prevent any missteps in the criminal justice process, especially in sentencing, allowing for the truly innocent to go free. This could be one aspect of rehabilitation, which could be interpreted to mean going from a state of incarceration to deserved freedom (as rehabilitation by definition means to return an individual to their previous condition). Other aspects of rehabilitation would benefit actual law-breakers by allowing them ample time to recover from their afflictions. Especially in cases of less serious crimes, such as DWIs and petty theft charges, the individual may be much better served by programs intended to correct the behavior of offenders, rather than simple jail time. The Due Process model assures each individual’s case will not be rushed, and allows for much more time for the completion of these types of programs and in return promotes leniency in plea bargains from the