Monday, August 26, 2019

Compare with crime control theory vs due process Essay

Compare with crime control theory vs due process - Essay Example In contrast to this the crime control model has been designed to make sure that the criminal cases are dealt fast and disposed off as early as possible. Both these models are important to the system of criminal justice and they play a key role in identifying offences and also in the interpretation of the criminal justice system. During 1964, Herbert Packer who is a Law professor wrote an article which provided a good philosophy on criminal justice. â€Å"In particular, the work of Packer provoked civil libertarian concerns over the police deviation from due process protections in pursuit of the objectives embodied in the crime control model† (William, 2002, p.11). In the said article, the author has further proposed the criminal justice model and the due process model. His article is said to have influenced every person who works on the criminal justice system. While crime control deals with the suppression of crime, the due process is concerned with the safeguarding the rights of the innocent. However, both have the same goal of punishing the guilty and protecting the innocent. The major difference lies in the fact that models use different means and approaches. â€Å"The question therefore arises for every society as to where on the continuum between crime control and due process it wishes to anchor its criminal justice values, subject to the observation that the two models in reality represent different means to a broadly common goal –the detection and effective punishment of crime† (Bryett & Osbome, 2000, p. 14). When comparing the crime control and the due process, it can be seen that the proponents of both approaches uphold constitutional values. However, some people view the crime control model in a negative light because of the fact that it assumes the criminal who has been alleged of an offence, guilty even before he is brought

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.