Two Models Of The Criminal Process

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Two Models of the Criminal Process The two models of the criminal process; due process and crime control serve as the foundation of order and liberty as it relates to the practice of criminal justice and criminal law. These models struggle against each other to represent their own value system as it applies to ideologies in criminal justice procedures. Although there seems to be a difference between these two principles of criminal law, each one has positive qualities. The due process and crime control models contain prepared subject matter of values primary to the constitutional order of how criminal law is practiced (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2008, p. 4). These workers of the justice system use some components of each model some of the time depending on individual preferences regarding the criminal process (Packer, 1968). Although there is division within these models, there is some agreement on some aspects. For instance, both models believe the consent of criminal behavior and identifying a criminal are different processes, when probable cause has been established criminal processing is enforced and the government has limited powers of investigation and apprehension. There is also agreement on an adversary system, procedural due process, and one’s day in court (Zalman, 2008). The most important function of the crime control model is as stated by Packer (1968), ‘the repression of criminal conduct by the criminal process’” “because public safety is essential to personal freedom” (Zalman, 2008, p. 5). The presumption surrounded by this value system is, in American society there will be a breakdown of public order if law enforcement does not keep a tight reign on criminals and their activities, and citizens of this
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