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Models of the Criminal Justice System

The crime control model and the due process model of the criminal justice system in use today seem only to have one thing in common. That is that each model obviously wishes to control crime. Each model seems to be like day and night as far as how that goal is met. The differences in these models are outstanding. Every step along the road to controlling crime is quite the opposite of each other. The major difference is how the criminal and criminal act is dealt with. The crime control model wishes to get the matter dealt with as quickly as possible whether or not all the proper steps to proving guilt have taken place.

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The due process model wishes to take the time to have all rights and responsibilities accounted for. In addition, the crime control model allows for the brunt of the responsibilities to be carried out by law enforcement, while the due process model expects that evidence be handled correctly and provided in a trial where the judge and jury have the authority. The moral value of each process is quite different as well. The basic principles surrounding penalty for a criminal are set at opposite ends of a spectrum between the models.

The crime control model has no time to believe a criminal can change and suggests that the penalties should be severe, to include use of capital punishment. The due process model hopes to see the criminal rehabilitated and put back into society and disagrees with death as a suitable punishment. The crime control model holds the individual completely responsible for their actions no matter what the case may be. The due process model allows for human error basing crime on other standards such as age, demographics, or social standing.

I do not feel that either model could survive on its own. I absolutely believe that it has to be an even mix of the two. Both models are to extreme and separate. An individual, criminal or not should have the right to a trial with proper evidence one-way or the other. I do personally agree with the use of capital punishment but it should only be used in extreme cases. I also believe that humans do make mistakes and some are perfectly capable of realizing that mistake and should be given the opportunity to go through some sort of rehabilitation process.

As far as who should have the control in deciding the innocence or guilt and punishment when needed, it should be a group effort. Law enforcement should have the duty of obtaining evidence in a manner that does not infringe upon anyone’s rights and that evidence should be made available during a fair trial where a judge and jury decides the outcome. While both sides of each model have good reasoning and effectiveness, I cannot agree with one all the way.

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