Two Models of the Criminal Process Essay Example for Free

dickens seats of the censurable dish EssayAbstract The Criminal chasteness exemplification emphasizes the importance of protecting people, their property, and their rights for the good of the dupe and the completely society. The due Process stick is closer to our antiauthoritarian ideals, and emphasizes the importance of individual rights at either stages of the Criminal Procedure. The models represent the two different (and contradicting) views on cruel justice and Criminal Procedure Policy.Two Models of the Criminal Process Introduction Contemporary theory of criminal justice uses the two different criminal justice models the Crime Control Model and the overdue Process Model. Both models were designed by backpacker in 1964 and embrace constitutional determine (Zalman, 2002). However, these models represent the two different sets of criminal justice values and can never be used simultaneously. Although both models are equ tout ensembley applicable within the antiauthoritarian political framework, they cause different impact on shaping the Criminal Procedure Policy. The Criminal Control Model emphasizes the importance of protecting people, their property, and their rights for the good of the victim and the whole society (Samaha, 2005). The Crime Control Model implies that people are unable to fulfill their social functions, if they do not feel safe. Crime control, joy of societys needs, and discretion create the practical basis of this model.Very often, the Criminal Control Model is compared to the assembly line conveyor belt that moves the endless array of cases and suspects through the criminal justice transcription (Samaha, 2005). From the viewpoint of the Criminal Control Model, justice should be speedy, correct, and accurate. Under the influence of the Criminal Control Model, the whole Criminal Procedure Policy turns into the power which never makes mistakes and is eager to sacrifice several innocent suspects for the pursuit of s olving the crime. The Crime Control Model is frequently blamed for assuming that the alleged criminal is guilty before the court takes objective and correct decision. In its turn, the Due Process Model is closer to our democratic ideals, and emphasizes the importance of individual rights at all stages of the Criminal Procedure. Fair procedures form the essence of the Due Process Model fair procedures means decision making according to formal rules growing out of the score of Rights and the due process clauses of the U.S.Constitution and state constitutions (Samaha, 2005). In the Criminal Procedure Policy, the Due Process Model distrusts the power of government and implies that the governments decisions should be controlled. In many instances, the Due Process is resembling to the obstacle course it is distanced from the idea of unmistakable justice and is based on the fact finding principles (Zalman, 2002). In distinction from the Crime Control Model, the Due Process Model relies o n the equal treatment of all defendants and contradicts to the Crime Control Models view in that the rights of individuals can sometimes be hindered for the interestingness of the whole society and justice. Conclusion The Crime Control Model is close to conservative thinking, while the Due Process Model goes in line with liberal democratic ideals. The models represent the two different (and contradicting) views on criminal justice and Criminal Procedure Policy. It is impossible to determine which of the two procedures prevails, but evidently the Due Process Model has proved its superiority in the need to promote fairness of justice, equality of defendants rights, and the importance of legal procedures in the process of proving ones guilt.ReferencesSamaha, J. (2005). Criminal Justice. Thomson Wadsworth.Zalman, M. (2002). Criminal procedure Constitution and Society. tertiary edition. PearsonEducation Prentice Hall.