Due Process Model
The American judicial system 's need for an effective strategy to combat crime has been a continuously debated issue. While employing the adversarial models of crime control and due process, America struggles to find balance on a pendulum between individual rights and social order. In this window of opportunity, crime control and due process are examined and reflected into the eyes of society.
The primary goals of the American Criminal Justice system are simply to enforce the law and maintain social order, while protecting the people from injustice. Created by Herbert Packer in the 1960s, the crime control model places emphasis and priority upon the aggressive arrest, prosecution, and conviction of criminals. The due process model focuses …show more content…
Due process advocates argue that the purpose of any civilized society is to secure rights and freedoms for each of its citizens-including the criminally accused (Schmallenger, 2003, p.18). The nature of individual rights is to ensure each individual receives protection as stated by the Bill of Rights. As the highest law of the land, the Bill of Rights must be enforced. Without these rights, Americans might be reduced to governmental automatons, and forced back into the dark ages of segregation. Persons, not yet convicted of crimes, should retain their rights. After all, we are an "innocent until proven guilty" society.
The criminal rights perspective holds that it is probably necessary to allow some guilty people to go free in order not to convict the innocent (Schmallenger, 2003, p.18). This writer disagrees with this statement. The justice system, while not perfect, holds the difficult, if not somewhat impossible, task of separating the guilty from the innocent. Unfortunately, real criminals sometime escape prosecution, while innocent victims are imprisoned. Society is infatuated with crime, its victims, and …show more content…
For example, there has been substantial inner city deterioration, decreasing proportions of the working poor, increasing levels of fear of crime, and until recently, increasing crime rates. In all, this has led us to become frustrated with one another, and more importantly, government agencies. We no longer feel safe walking in our own neighborhoods, rarely know our neighbors, and are apprehensive about strangers and people different than us. Americans, it seems, are attempting to gain some control over our own lives and are turning our attention to criminals. The predominate feeling is that criminals are responsible for our unhappiness; therefore, get them out of our communities at any
The primary goals of the American Criminal Justice system are simply to enforce the law and maintain social order, while protecting the people from injustice. Created by Herbert Packer in the 1960s, the crime control model places emphasis and priority upon the aggressive arrest, prosecution, and conviction of criminals. The due process model focuses …show more content…
Due process advocates argue that the purpose of any civilized society is to secure rights and freedoms for each of its citizens-including the criminally accused (Schmallenger, 2003, p.18). The nature of individual rights is to ensure each individual receives protection as stated by the Bill of Rights. As the highest law of the land, the Bill of Rights must be enforced. Without these rights, Americans might be reduced to governmental automatons, and forced back into the dark ages of segregation. Persons, not yet convicted of crimes, should retain their rights. After all, we are an "innocent until proven guilty" society.
The criminal rights perspective holds that it is probably necessary to allow some guilty people to go free in order not to convict the innocent (Schmallenger, 2003, p.18). This writer disagrees with this statement. The justice system, while not perfect, holds the difficult, if not somewhat impossible, task of separating the guilty from the innocent. Unfortunately, real criminals sometime escape prosecution, while innocent victims are imprisoned. Society is infatuated with crime, its victims, and …show more content…
For example, there has been substantial inner city deterioration, decreasing proportions of the working poor, increasing levels of fear of crime, and until recently, increasing crime rates. In all, this has led us to become frustrated with one another, and more importantly, government agencies. We no longer feel safe walking in our own neighborhoods, rarely know our neighbors, and are apprehensive about strangers and people different than us. Americans, it seems, are attempting to gain some control over our own lives and are turning our attention to criminals. The predominate feeling is that criminals are responsible for our unhappiness; therefore, get them out of our communities at any