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Criminal Procedure Essay

1364 words - 6 pages

Criminal Procedure Policy
Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the ...view middle of the document...

Due Process Model
The due process model focuses on the individuals right when making an arrest or attempting to make an arrest (book). This puts more restrictions on what the government and criminal justice system can do with individuals within society. Part of the due process right is allowing each person to equal rights regardless of whether he or she is poor, rich, or ethnic background. Fact finding plays a role within the model, but is not the sole purpose for a conviction. The defendants’ rights are provided within the Bill of Rights. This model prevents mistakes and is viewed as an obstacle course, meaning it values repression of crime, but does not assume a person is guilty based on police fact-finding (book). The facts in each individual case are thoroughly looked at and the rights during arrest as well as questioning and handling are carefully recognized (defenseinvestigator). This model prevents others from false accusation by treating all defendants equally. Another view within this model would be that it is better to allow ten guilty people go rather than convicting one innocent person (defenseinvestigator).
Compare and contrast both models
While both models have strengths as well as weaknesses, they each serve an important purpose within the criminal justice system. As Packer states “not one is good and not one is bad (book).” Police and prosecutors usually favor the crime control model but support constitutional protections such as a person cannot be punished for acting in a way that is not against the law (book). Some may look at the two models in a black and white manner when in reality they both serve a purpose for the criminal justice system and both can have a severe effect on the outcome of certain situations. One value that the two have in common is the enforcement of the law. If a person violates the law, he or she will be punished and prosecuted with equal rights (book). Another shared value that the two have is that the defendant has a right to his or her day in court as well as having the right to demand a trial or other procedural safeguards and the individual is not an object to be acted upon, but an independent entity (book).

Fourth, Fifth, and Sixth Amendments
The fourth amendment states that “people have the right to be secure in their persons, house, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause (cite).” This amendment can cause multiple views and opinions depending on those who are for or against one of the two models. The fourth amendment is a due process approach by guarantying the right of any person from unlawful search and seizure. The crime model approach supporters argue that by allowing this, it is limiting the ability to combat crime for law enforcement officers (defenseinvestigator). This amendment is more favorable toward the due process model.
The Fifth Amendment means...

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