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Criminal Procedure Policy

Essay by   •  August 3, 2014  •  Essay  •  953 Words (4 Pages)  •  1,382 Views

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Criminal Procedure Policy

There are many aspects that the due process model and the Crime control model have in common; The constitutional laws and amendments are to be followed, Criminal law must be enforced and the law enforcement officer are here to do that, there are limits to law enforcements ability to arrest people, and finally the offender is to have their day in court. Both Models live under the assumption that there are limits to the power of the government to investigate and apprehend persons suspected of committing crimes.

The due process model comes with the understanding that the U.S. judicial system makes mistakes and that just can be wrong even if there is a trial by a jury. It is believed that the justice system through this Model is to protect the innocent as well as convict the guilty. This model believes that a person must have legal quilt and not just the thought of quilt. This model insists that the offender is innocent until proven guilty by a preponderance of the evidence. The insistence is that there are no procedural errors that would invalidate the conviction of an offender. The due process model has a more liberal or open outlook on law and law enforcement.

The Crime Control Model reflects conservative points of view. Political climates can determine which model shapes criminal justice policy at a specific time. Depending on where a person lives will depend on what model your state law enforcement officers may choose to follow. The political vibe in the state can change the outlook as the elections change the structure of the state government.

The U.S. Constitution states that the government must respect all legal rights granted to a person and cannot take away a person's rights to life, liberty, or property without reason. To improve the relationship between Due Process, crime control model, and their structure on the Fourteenth Amendment the government needs to focus on what is more important. In this country and that is the safety and protection of citizens, who abide by the law, from the criminals who violate them in many ways. The Constitution also makes it so that the rights granted by its self cannot be ripped away from a person without reason and these reasons would have to be dealt with in the justice system.

In order for any of the Models to work they, must take time and review the Amendments of the Constitution. They must ensure the rights and liberties of all of the United States citizens. Due process guarantees specific rights to the people a few of which are: the right to a fair and public trial, the right to be present, the right to an impartial jury, be heard in one's own defense and that taxes may only be taken for public purposes. This is the type of fairness that needs to be kept when investigating and convicting a person of a crime.

Both models in themselves are meant to take care and protect the public. One model is more about taking care of the victim and one is about taking care of the offender. There needs to be some kind of compromise between both of these models, U.S. Constitution and the Amendments

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