Due process model and crime control model

Criminal Justice

Two Models of Criminal Justice II

In the United States there are two competing models of the criminal justice system: the "crime control" model and the "due process" model. These two models were first described by Herbert Packer in the 1960's and while they both seek to maintain a peaceful and orderly society, they approach the idea from two very different points-of-view. The "crime control" model seeks to keep society safe by controlling the existence and proliferation of crime. The emphasis of the "crime control" model is on the speed and efficiency by which the many criminal cases are solved. Packer's other model of the criminal justice system is known as the "due process" model, and takes an entirely different approach to crime. The "due process" model seeks to keep the individual safe from the abuses of the criminal justice system, and it's emphasis is "to prevent government abuses of the legal system against guilty and innocent people alike." (Barkan, 2011, p. 20) While both models wish to see the an orderly society maintained by a criminal justice system, it is their focus in which the differences can be found.

According to Herbert Packer the values that underlie the "crime control" model "is based on the proposition that the repression of criminal conduct is by far the most important function to be performed by the criminal process." (Packer, 1968, p.4) It is the job of those if the criminal justice system to "take the offense" in the battle against crime. In this model those who work in the criminal justice system are "to make sure that offenders are appropriately punished as soon and as easily as possible." (Barkan, 2001, p.20) In modern society, the criminal justice system is overworked and understaffed, leading to the prevalence of the "crime control" model as those within the criminal justice system simply attempt to process the seemingly infinite numbers of criminal cases.

The second model presented by Packer is called the "due process" model and it's main focus is the maintenance and protection of the individual's rights when they enter the criminal justice system. If the "crime control" model is represented by the police and prosecution, the "due process" model is represented by the defense attorneys. It places "less emphasis on efficiency and guilty pleas," while its ultimate authority rests with the Supreme Court and the restrictions that courts place on the states' ability to abuse the system. (Roach, 1999, p. 15) Equality is very much a part of the "due process" model and it seeks equal treatment for each individual, for instance, the right to be represented by an attorney. When one's economic circumstances mean that they cannot afford a lawyer, in accordance with the principles of the "due process" model, American courts will provide an attorney for the defense.

As previously stated, the current American criminal justice system is so overloaded with cases that it is near the point of collapse. Those working in the system must incorporate the "crime control" model of criminal justice simply to keep up with the numbers involved. While the criminal justice system in the United States is based upon the idea that every person is innocent until proven guilty, the criminal justice system must accept the principles of the "crime control" model that the police investigators and other members of the system are professional and honest. This underlies the basic assumption of innocence that each American is entitled to when entering the criminal justice system. However, the system also maintains that it is the job of the defense attorneys to implement the principles of the "due process" model by defending, not only the innocence of the accused, but their rights and protections guaranteed under the Constitution.