Criminal Procedure Policy Essay

1105 words - 5 pages

There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several positive traits.
Similarities
The due process and crime control models include an organized topic of standards key to the constitutional order on how criminal law is applied (Packer, 1968). “The machinery of criminal justice—police, prosecution, ...view middle of the document...

There should be competence and consistency to shift the procedure along swiftly to its conclusion. This allows the outlook of presumption of guilt and the fact-finding analytical process identify the right suspect, the other parts in the development are usually automatic, and any restraints on the analytical phases are to be disparate (Zalman, 2009). This visibly counters the due process model, which focuses on the individual rights of everyone ensuring all are the same and prioritized. The due process model diminishes the intensity of discretional power police officers may use when looking for, catching, and arresting criminal suspects. All barriers guarantee the procedure defends the innocent as well as to help convict the guilty (Zalman, 2009). The due process model is very critical of officials in control. This model holds firm on legal guilt, where the crime control model emphasizes realistic guilt (Zalman, 2009).
The six stages of the criminal law process that is applied by law enforcement officials, attorneys, judges, and courts. This guarantees the due process of law. The first stage, covered by the 4th Amendment, includes police investigation, questioning, search, and apprehension. The 4th Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (The Constitution of the United States, Amendment 4, 2010). The second stage is covered by the 5th Amendment, and this pertains to the pretrial procedure to include the choice to award bail, grand jury actions, initial consideration for the charges, and pretrial motions. This 5th Amendment guarantees “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall...

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