Due Process And Crime Control Models In The Criminal Justice System

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March 18, 2013 CJA-364 Criminal Procedure Policy In the criminal justice system, there are laws and certain guidelines that must be to follow, because the United States Constitution has requirements that rule. Due process and crime control models have been put into place in order help shape how the criminal justice system deals with criminals when they are caught doing criminal acts. They are the building blocks and help shape the criminal procedure policy, and have allowed the system for some fair trials or to some not so fair depending on the model being used. The United States Constitution has help shape these models because of the rules put into place by the fourth, fifth, sixth and the fourteenth amendments. Each of the selected…show more content…
People have said the system can be too harsh and there are those who have said the system can be too lenient, and that could be the reason why there are so many mixed feelings over the due process and crime control models. In the due process model the main point is to protect all individuals and allow them their constitutional rights and freedoms they are given in the United States, no matter if you’re in this country legally or not. “For the Due Process Model, the “aim of the process is at least as much to protect the factually innocent as it is to convict the factually guilty.”’(Herbert Packer, Criminal Procedure, Ch. 1) The due process model protects people’s rights so it can making officers of the law build a case against the person accused by collecting evidence through warrants, and the person is presumed innocent until proven guilty. In due process a criminal case cannot be built against someone unless the proper steps have been met to the courts standards. If a person is clearly guilty but the facts and…show more content…
The Fourth Amendment allows the people certain protections, which allows a people to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Find Law. Fourth Amendment) So before an officer can search you, or your home they must have probable cause and have a warrant in hand or risk any evidence being collected useless during trial. The Fifth Amendment allows helps protect the person being arrested by allowing them to remain silent, in return protecting them from incriminating themselves. When being arrested, by law the officer reads the person their Miranda Rights, which includes remaining silent, contacting or providing a lawyer, and also protecting from being tried twice for the same crime which comes under the protection of Due Process. The Sixth Amendment allows the right to a speedy and public trial allowing them to stand trial in the district they committed the crime and allowing confrontation from witnesses and those who could help assist the defense. And finally the Fourteenth Amendment allows any person born or naturalized in the United States due process, by ignoring any state law

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