Criminal Procedure Essay

1323 WordsFeb 19, 20136 Pages
Criminal Procedure Criminal procedures are debatable on what is more effective and how to implement such policies. Due Process and Crime Control are two different models that explain the criminal procedure policy of the United States, and they will be discussed in this paper. Along with how the Fourth, Fifth, Sixth, and Fourteenth Amendments impact both of these models. The final subject of this paper will be how the Fourteenth Amendment applied the Bill of Rights to the states. The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise. The Due Process Model allows for a defendant to bring about any claims in their favor that would prove their innocence, and then once all of their claims are brought forward, the defendant would have their case brought in front of an impartial jury to determine their innocence or guilt (Zalman, 2008). Within the Due Process Model, the goal is to make sure that someone is factually guilty before charging them with the crime, but could lead to appeals due to the possibility of errors. The Crime Control Model is a process that works on the assumption that the defendant before the courts is guilty, being the reason that they are there in the first place. The idea of the defendant being guilty gives the Crime Control Model their motivation. Within the Crime Control Model the objective is to get the defendant through the criminal justice system as fast as possible, such as plea bargaining, and eliminating or limiting the chance of someone coming back to the system for the same charge, such as appeals (Zalman, 2008). The Crime Control Model works on the basis that the police officers who arrest defendants have already done the proper investigations to identify the proper suspects, which proves them to be

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