Due Process and Crime Control Models

Due Process and Crime Control Models

Emily Eaves

CJA/353

August 21, 2010
Judge Stephen R. Ruddick

Due Process and Crime Control Models

The Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments are critical in the study of criminal procedure. “Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, pg 4) The crime control model emphasizes on reducing crime within a society through means of increased police and prosecutorial powers. In contrast, the due process model focuses more on individual rights and liberties and is focused on limiting the powers that the government has. Both of these models compare and contrast in effecting how the criminal procedure policy is shaped for the society that every citizen desires to live in.
Comparison between Models Though the two models compare in several ways, the importance in how they compare is what makes them functional and successful in society when shaping criminal procedures.
Laws on the Book Both models support that an individual that is being prosecuted can only be prosecuted for a law on the books that has been broken. Law enforcement officials cannot arrest someone for bad behavior just because it is annoying or an inconvenience to someone in society. It has to be a written law in order for an individual to be arrested and both models support this greatly.
Enforcing Laws Another similar component of both models is that police and prosecutors are required to enforce criminal laws and cannot ignore any violation to that law. An individual in society that has had someone commit a crime against them doesn’t want the law to be ignored and would most likely appreciate that the law be enforced so that their individual rights and freedoms are protected against the person who committed the crime against them; seeing that the law is enforced. The police and prosecutors also must make sure that they are enforcing the laws and not ignoring any violation against criminal laws to ensure that people in society and their freedoms and rights are protected to the utmost.
Power of Rights Along with that, both models compare in the way that they are limited in power. The due process model is the idea of limiting the government’s power and focusing on the individuals in society and their rights. Individuals in society only have certain rights and can only exercise those rights in such a way that is limited to keep society functional and operational while respecting everyone’s rights at one time. Therefore even though individuals in society have their individual rights and freedoms, they are limited in order to respect everyone in society’s rights. The crime control model emphasizes on increasing police and prosecutorial powers. With policing and prosecutorial powers come restrictions that the government must abide by. The government may enforce laws and regulations, but at the same time must keep in mind that they may not violate the constitution or any individual’s rights. Therefore, both are limited in power when concerning individual rights and constitutional powers.
Sixth Amendment Another great way that these two models compare is the fact that both models support the Sixth Amendment that enforces everyone be subject to a fair trial. This ensures that one being prosecuted for the laws that in question, have been broken, are subject to a speedy, public, and fair trial to protect the rights and liberties of those in question. The due process model also supports this because the individuals of society like to know that their rights to a fair and speedy trial are protected and enforced.
Differences of Models Though these two models are similar in several ways, there are few ways that these two models conflict when trying to keep society safe while at the same time, keeping in mind the rights and liberties of those within society. “The main difference between these two is that the crime control model focuses more on putting the criminals away, protecting the innocent and rehabilitation. The due process model focuses more on the rights of the accused and rehabilitation.” (Unknown, 2010, para. 2) The due process model emphasizes on individuals being protected by the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. The crime control model is more determined that putting aside the individuals of society’s rights is necessary in keeping order and ensuring the public is safe; one must sacrifice certain individual rights to see that society as a whole is safe.
Fourth Amendment Under the due process model, society supports the Fourth Amendment which states that no individual shall be subject to an unreasonable search and seizure. Though the crime control model has to support this amendment because of certain constitutional rights that are guaranteed to citizens, the government at times disagrees with this amendment and the fact that they have to abide by it. Because the crime control model is more for putting individual’s rights aside in order to keep society safe, they would much rather perform unreasonable searches and seizures to see that society stays safe as a whole.
Fifth Amendment Furthermore, the Fifth Amendment is the right to stay silent and the enforcement of the government to not abuse their powers in legal procedures. Though the government would like to abuse these powers to a certain extent to put guilty people away, they cannot do so legally and must keep in mind that the individuals in society are not always guilty so this right must be protected and enforced.
Eighth Amendment Alongside the Fifth Amendment, because the main goal of the crime control model is to keep society safe as a whole whether law enforcement officials violate society’s rights or not, law enforcement officials may want to violate individual’s rights to the Eighth and Fourteenth Amendment to accomplish that goal. The Eighth Amendment states that no individual should be subject to cruel and unusual punishment. Law enforcement officials may find this necessary to keep society safe and to take a person that they may see as dangerous off the streets. Though the crime control model agrees with violating this right, the due process model does not and even though it might be thought necessary by law enforcement to violate this amendment, it cannot be done legally, therefore these two models conflict with each other when it comes to the Eighth Amendment.
Fourteenth Amendment The Fourteenth Amendment states that no person shall be denied life, liberty, or property. Though the crime control model may find it necessary to deprive anyone of life liberty or property in hopes of keeping society safe, the government and law enforcement officials cannot legally do this. Therefore these two models don’t agree with each other when the Fourteenth Amendment is in question. The individuals in society that support the due process model want to ensure that the rights of individuals within society are not deprived of life, liberty, or property.
Conclusion
Obviously, the due process model and the crime control model combined with the Fourth, Fifth, Sixth, Eight, and Fourteenth Amendments are the backbone of criminal procedures and how it has shaped our society thus far. Though there are many comparisons and contrasts between the two models on various subjects within these two and how they agree and conflict with each other at times, these two models are the essence of what makes up our society and government and how they have worked together in order to maintain the safest society it possibly can. Because of certain laws and restrictions, these two models will never compare to the fullest which in the long run will benefit society and the government’s powers for the better.

References
(2010). OP Papers. Retrieved from http://www.oppapers.com

US Legal Inc.. (2010). US Legal. Retrieved from http://www.uslegal.com

(2010). Blogger. Retrieved from http://unenumerated.blogspot.com/

Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall.

References: (2010). OP Papers. Retrieved from http://www.oppapers.com  US Legal Inc.. (2010). US Legal. Retrieved from http://www.uslegal.com  (2010). Blogger. Retrieved from http://unenumerated.blogspot.com/ Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed.  Upper Saddle River, NJ: Prentice-Hall.