3 Values und Competing Models within Criminal Justice: underlying Crime Control and Due Process proposed by Packer (1968)
3.1 Crime Control relating to Criminal Justice
The value system underlying crime control model is based on the premise that criminal process plays a vital role in the repression function of criminal acts by far. If the tight criminal control brings criminal conducts, which means the failure of law enforcement and then lead to the breakdown of public order with disappeared condition of human freedom. The law-abiding citizens become the victims because of various unjustifiable invasions of their interests. Therefore, crime control model plays a positive guarantor role in securing social freedom to screen guilt, determine …show more content…
The crime model heavily relies on the ability of investigative and prosecutorial officers, they might use their distinctive skills to elicit and reconstruct a tolerably accurate account of alleged criminal event that took place. The due process model emphasizes on a view of formal and adjudicative fact-finding process with stressing the possibility of errors. People, such as police, witness and prosecutorial officers, tend to be emotionally aroused in the context with notoriously poor observers of disturbing events so as to damage defendants’ rights. As a result, the further scrutiny to largely avoid the possibilities of human errors is very necessary or at least must be available. However, how far the following scrutiny mechanisms for overlooked and suppressed cases must be available is a controversial topic for the …show more content…
The due process model is able to maintain the reliable fact-finding techniques, it also can incorporate prophylactic and deterrent mechanisms. However, the release of the factually guilty and even blotting of the illegality might be existent in cases, thus it would still have evidence in identifying the adjudicative accused person’s guilty by fact-finders. Consequently, it is necessary to produce adequate pressure by penalizing errant police and prosecutors within criminal processes, the finding of facts is not only the factor to convict a person’s guilty, but also necessarily by appropriate legal
3.1 Crime Control relating to Criminal Justice
The value system underlying crime control model is based on the premise that criminal process plays a vital role in the repression function of criminal acts by far. If the tight criminal control brings criminal conducts, which means the failure of law enforcement and then lead to the breakdown of public order with disappeared condition of human freedom. The law-abiding citizens become the victims because of various unjustifiable invasions of their interests. Therefore, crime control model plays a positive guarantor role in securing social freedom to screen guilt, determine …show more content…
The crime model heavily relies on the ability of investigative and prosecutorial officers, they might use their distinctive skills to elicit and reconstruct a tolerably accurate account of alleged criminal event that took place. The due process model emphasizes on a view of formal and adjudicative fact-finding process with stressing the possibility of errors. People, such as police, witness and prosecutorial officers, tend to be emotionally aroused in the context with notoriously poor observers of disturbing events so as to damage defendants’ rights. As a result, the further scrutiny to largely avoid the possibilities of human errors is very necessary or at least must be available. However, how far the following scrutiny mechanisms for overlooked and suppressed cases must be available is a controversial topic for the …show more content…
The due process model is able to maintain the reliable fact-finding techniques, it also can incorporate prophylactic and deterrent mechanisms. However, the release of the factually guilty and even blotting of the illegality might be existent in cases, thus it would still have evidence in identifying the adjudicative accused person’s guilty by fact-finders. Consequently, it is necessary to produce adequate pressure by penalizing errant police and prosecutors within criminal processes, the finding of facts is not only the factor to convict a person’s guilty, but also necessarily by appropriate legal