Due process model advocates that an individual cannot be denied life, liberty, or property in the absence of legal safeguards and procedures. The rights of individuals charged with crimes ought to be safeguarded by the criminal justice system.
Arrestees are treated as innocent until proven otherwise by a court of law. Policing is paramount to the maintenance of justice within society. The primary objective of criminal justice is to facilitate due process and basic legal fairness.
The Bill of Rights advocates for defendants’ rights protection and hence this model emphasizes the same (http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/Which-Model-Crime-Control-or-Due-Process.topicArticleId-10065,articleId-9911.html)
Due process model holds that police powers ought to be curtailed to prevent official oppression of citizens. The model stresses the possibility of errors in police informal, non-judgmental investigations. Criminal justice dispensers should be accountable to procedures, regulations and guidelines to facilitate consistency and justice in the justice system.
Criminal justice procedures are viewed as obstruction processes comprised of a succession of impediments in form of procedural defenses that protect the factually innocent in the same way they convict the factually guilty. It is advocated that an individual should be declared guilty only if legal processes are adhered to but not merely based on facts.
Due process notes that people’s memories are notoriously poor as regards disturbing happenings. Highly emotional contexts will likely lead to inaccurate recollections. Confessions by individuals in police custody will more likely yield information that is distorted to favor what the person thinks the authorities prefer to hear.
The truth is thus shielded. The model thus advocates for public hearing of a case by an impartial tribunal and rulings made only after the accused has had a chance to defend themselves (Shanahan, 1977, p.376).
Crime control perspective assumes total reliability of police informal investigations and views arrestees as already guilty and liable to government punishment. The ability of analytical and prosecutorial agencies to produce and reconstruct a bearably precise account of what really transpired is given much weight.
Arresting of suspects is viewed to be negative in that it drags the criminal justice system. The model holds that the suppression of crime should be the most paramount aspect of criminal justice since order is crucial in a free society. Safeguarding the rights of victims takes precedence over protecting the rights of defendants.
The police ought to be granted more powers to facilitate investigation, searches, arrests, seizing and conviction of suspects. Legal hindrances that restrict police activities ought to be done away with (Shanahan, 1977, p.377).
The failure of law enforcement agencies to tightly control crime is viewed to result in breakdown of social order thus eliminating a crucial aspect of freedom. A generalized disregard of lawful controls crops up if there is a wide perception of elevated failure to arrest and convict offenders. The civil individual then suffers from illegal invasions on his welfare and high insecurity.
The crime control viewpoint proposes that criminal justice procedures should be swiftly and efficiently executed and disposed off. Arrested suspects are presumed guilty since this model highly rates the reliability of police investigations reports. The primary objective of criminal justice system is to find out the truth or to realistically determine the guilt of the accused.
Crime control model signifies conservative values while the due process model reflects liberal values. Assessment of values is required so as to prove one model superior to the other. The policy to be applied depends on the prevailing political environment. due process policies predominated the liberal 1960s whereas conservatism 1970s and early 20th century were characterized by crime control model.
The concept of equality has gained popularity as the basis for agitating for implementation of the due process model. The existence of gross inequalities occasioned by financial means of defendants calls for mobilization of resources to shield the accused to prevent their denial of credible defense. The due process model is thus evidently the approach that is likely to be popular in future (Oliver, 2008, p.135).
Criminal justice: Which model? Crime control or due process –cliff notes. Retrieved on 28th February 2009 from http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/Which-Model-Crime-Control-or-Due-Process.topicArticleId-10065,articleId-9911.html.
Oliver, W. M. (2008). Catholic perspectives on crime and criminal justice. Lanham, Maryland, USA: Lexington Books.
Shanahan, D (1977). The Administration of Justice: An Introduction. London: Routledge