Criminal Procedure

Criminal Procedure

Trina Dorsey

CJA264

September 09, 2013

Don Johnson

In this writing, I will compare and contrast the due process and crime control models of criminal procedure and policy. Next I will explain the effects each model has on the criminal justice system and I will analyze the elements of the Fourth, fifth, Sixth, and Fourteenth Amendments of the United States Constitution. Finally, I will discuss the applicability of the Bill of Rights to the United States by way of the Fourteenth Amendment.

The due process model and crime control models are the two models that make up the criminal justice system. The exponents of each model encircle values of the Constitution. Law enforcement authorities are prohibited from acting against individuals, unless he or she has breached a law. Additionally, these models forbid law enforcement from prosecuting against individuals he or she believes to have demonstrated immoral behavior. There is precise consideration that there are limitations within each system that must be followed (Krueger, 2013).

The due process believes that individuals are innocent, until guilt is proven in a court of law. Individuals accused of committing a crime cannot be expropriated of his or her constitutional rights. The primary goal of the due process model of the criminal justice system is to allow people to maintain his or her freedom, until he or she is proven guilty, unless he or she poses a threat to others. On the contrary, the crime control model represents the presumption of guilt. In the crime control model, it is mandatory that an individual accused of committing a crime is assumed guilty and must be disciplined for his or her actions. The crime control model believes that controlling criminal conduct is the most critical mission of criminal justice system (Krueger, 2013).

The effectiveness of the due process model deviates beneath particular analysis. Many individuals conclude the due process provocations...