Criminal procedure essay questions and answers

The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years. This paper discusses models, crime control and due process, and how each affects the criminal procedure; as well be an inclusion of the review and assessment of several amendments and how each applies to both models.
Contrast between crime control and due process models
The crime control model incorporates upholding principles that demonstrate the traditional values of the criminal justice system. Supporters of this model believe criminal justice should center on maintaining victims’ rights instead of protecting the rights of defendants. The suppression of crime, an imperative task of criminal justice, is a vital provision for a liberated society. According to this model establishing the true culpability of the accused or ascertaining the truth is an essential point of the criminal justice process. Cases validated by this model proceed very quickly according to disposition and are controlled by law enforcement and prosecutors. The end result is the plea of guilt.
The due process model incorporates modernized principles of the criminal justice system. Supporters of this model believe the c...


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...ce remains obligatory for American citizens. A hasty assessment would show that the two models signify common and unfailing principles. On the contrary, both models in general differ from one another.



Works Cited

Packer, Herbert L. Two Models of the Criminal Process. Stanford UP, 1968. Retrieved June 16, 2010 from /.../Packer%20-%20Two%20Models%20of%20the%20Criminal%
Roach, Kent. "Four Models of the Criminal Process." Journal of Criminal Law & Criminology (Winter 99): 671
Sociology Index. (2010). Crime Control Model. Retrieved June 17, 2010 from http:///crime_control_
Sociology Index. (2010). Due Process Model. Retrieved June 17, 2010 from http:///crime_control_
Zalman, Marvin. Criminal Procedure: Constitution and Society. 5th ed. Upper Saddle River, .: Pearson Education, 2008.
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I am of the view that contingent suppression orders are not the best to be applied in any nation. Courts should strive to deal with the issue at hand unless it is found that a case in court is a replica of a similar case that was decided by the Supreme Court. The only way to correctly analyze whether the rights of the charged have been met or desecrated is to know what the premises are to start with (Safferling, 2001). It is evident from the mentioned amendments that the constitution provides a clear way of deciding any case and hence no importance of following contingent orders unless it turns out to be a necessity.

Criminal procedure essay questions and answers

criminal procedure essay questions and answers

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