Criminal Procedure Policy: Due Process Vs. Crime Control Models

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Criminal Procedure Policy CJA 364 Criminal Procedure Criminal Procedure Policy For years, both the “due process and crime control models” have been conflicted. The standard that any American citizen should not be deprived of their life, property, or liberty without having the appropriate protection and legal course of action under the “due process “model. Due Process Under the “due process” model, any citizen, who has been accused of committing a crime is protected by their rights under the criminal justice system. Law enforcement has to go on the likelihood that there are facts to find and they must treat every person as if they were guilty before proven otherwise. The “due process” model is the method that courts seem to…show more content…
The “due process” and the “crime control” models both have to follow a protocol, regulations, and laws as described by the United States Constitution. Regardless of the approach, it is followed either by “due process”, or by the crime control model, the laws and Amendments must ensure the same approach effectively and consistently (Zalman, 2008). Both models have other differences as well. For example, the “due process” model provides that law enforcement within the criminal justice system is important to ensuring appropriate justice within society. While the “crime control” model contemplates that, the criminal justice system has an adverse consequence and progressively stops the process of arresting people within the criminal justice system. The “due process model” is demonstrating that a suspect is guilty and is significant to keeping the government under control and protecting the rights of the suspect. The criminal justice system should be expending more financial resources to employ more law enforcement officers instead of building more prisons and rather than expending money, defending the rights of citizens is the thought of the crime control model (Zalman,…show more content…
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This is in effect to show the probable cause of the actions one takes in all actions under the United States Bill of Rights. No one person should have his or her rights taken away from him or her without the “due process” of the law. Without the circumstances present no one should have the ability of non-structured laws be upheld without following the laws of each individual state. All jurisdictions are to allow a person to seek the appropriate trials, rights, and the format of the laws and the set Amendments of the Constitution ("The Free Dictionary", 2012). Conclusion In this paper we analyzed, compared and contrasted the role “due process” and crime control models have on shaping criminal procedure policy. In this analysis, we reviewed and assessment the impact on the criminal justice system as applied to “due process” and crime control models using the Fourth, Fifth, Sixth and Fourteenth Amendment as it pertains to the criminal justice system. We also
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