Crime Control Versus Due Process

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1. Analyse the adequacy and relevance of the crime control and due process models for understanding criminal justice, with reference to the jurisdiction you are in and/or England and Wales. Crime control and due process models represent two competing and conflicting systems of values operating within criminal justice. The crime control model aims to deliver effective crime control on the one hand and the due process model aims to deliver justice on the other hand. Hence, there are many differences between these two models with regard to their aims and their operation and have been the subject of debate for a long time among scholars and students of jurisprudence. The two models of criminal process were first identified by Herbert L. Packer, an American professor of law. In order to understand how they operate in the administration of criminal justice, we need to examine the values underlying the two models as defined by him. The crime control model basically proposes that curbing of criminal conduct should be the ultimate objective of the criminal process. If crime goes unchecked, it will eventually lead to the breakdown of public order, and therefore, will undermine human freedom. The innocent law-abiding citizens will invariably become the victims of unjustifiable criminal acts and thus, a highly efficient criminal justice system is necessary to guarantee social freedom. It suggests that efficient criminal justice process should operate like an assembly-line conveyor belt, rapidly churning out cases after cases with closed files as the finished products, as it were. As “quantity” as opposed to “quality” being the over-riding objective of such a system, it recommends that legal procedures that hamper police operations be removed and police powers be expanded to make it easier for the police to investigate, arrest, search, seize and
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