Criminal Procedure Policy

Criminal Procedure Policy

CJA/364

April 3, 2013

Criminal Procedure Policy

The United States criminal justice system has had the daunting task of balancing individual freedoms and social order for centuries. To aid in this task America’s founding fathers established the United States Constitution. Drafting of the constitutional amendments, more specifically the Bill of Rights, gave birth to criminal procedures currently used in The United States of America. Although the Constitution is used as the foundation for criminal procedures, its contents are almost always interpreted through the opinions of its readers. It is because of this fact that more than one criminal procedure model exists today. These two models that shape criminal procedure practices are known as the crime control and due process models developed by Herbert Packer. Although both the crime control and due process models hold some similar values, a constant struggle between the importance of social order and individual liberties still exist. This paper will attempt to educate its readers about the similarities and differences between the crime control and due process models, and the effects the models have on shaping criminal procedure policies.

The basis for the crime control model is the belief that “the repression of criminal conduct is by far the most important function to be performed by the criminal process” (Zalman, 2011, "Chapter 1, Order, Liberty, and the Two Models of Criminal Justice"). The crime control model focuses on the importance of aggressively enforcing established laws by tightly controlling criminal conduct. This is accomplished through the rapid apprehension and conviction of a high percentage of criminals. It is believed that apprehending and convicting large amounts of criminals ensures the freedoms of law-abiding citizens that they are supposed to be guaranteed. Because this model is geared toward apprehending and convicting large numbers of offenders the...