Criminal Procedure and Policy Paper

The Justice System is broken into several levels from local to state to federal, but all three fall under two types of models, the Due Process Model and the Crime Control Model. Within this paper, I will compare and contrast the two models roles within the system and how they help shape the criminal processing procedures. Also within this one will read how due process and crime control models affect the Fourth, Fifth, Sixth and 14th Amendments of the US Constitution.

The Due Process Model within the Justice System is a type of justice system which is based on the idea that an individual has certain rights and cannot be deprived of life, liberty, or property without proper representation and procedures. This model is considered to have two clauses, the due process clause of the 5th amendment and of the 14th amendment. Both state that the government must respect all of the legal rights that are owed to a person according to law. However, the 5th amendment applies to the federal government and the 14th amendment applies to state government. This type of process is considered to help create equality among individuals under law. This also helps control ensure the guilty is convicted and the wrongly accused are set free.

The Crime Control Model within the Justice System is a theory of criminal justice which places emphasis on reducing the crime in society through increased police and prosecutorial powers. This model mainly seeks justice through an arrest, charge and conviction of a criminal regardless of reasonable doubt. This model would rather see justice prevail rather than the correct individual being charged and justice given to the victims.

In comparison to these models, they both accept certain constitutional values and have a duty to enforce laws where violations have occurred. Also they both believe in the ex post facto prohibition. The Ex Post Facto prohibition refers to a law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. What this is stating, is a law can not be changed during a trial in order to change the outcome of the sentence by making the punishment harsher, the jail term longer, or the fines more expensive.

In contrast to these models, first the Due Process Model. This model differs from the Crime control model in many ways. The Due Process model does not like or approve of mistakes and tries everything possible to prevent mistakes that may change the outcome of a conviction. This model also believes the Criminal justice System is error-prone. This system is also known for treating the convicted as innocent until proven guilty beyond reasonable doubt in a court of law, and protect those wrongly accused from being convicted.

The Crime Control Model on the other hand is the exact opposite of the Due Process Model. This model believes the prevention of crime is most important in regards to public safety. Public safety is an essential in this model of the justice system. This system also believes in presumptions to guilt rather than guilt beyond reasonable doubt. This allows the model to make mistakes which are acceptable, such as wrongfully accusing an individual of a crime they did not commit. This model believes in guilt until proven innocent and not as the Due Process sees it as vice-a-versa.

Both these models fall under certain stipulations within the US Constitution and the Bill of Rights. The Amendments which these models fall under are the Fourth, Fifth, Sixth and Fourteenth. All of these amendments provide certain protections and procedures to those accused of a crime in order to provide certain and equal opportunities to innocence or guilt.

The first of the Amendments is the Fourth Amendment. The Fourth Amendment, which is based on Search and Seizure, states:

"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."(US Constitution, Amendment 4)

This amendment protects the accused from law enforcement personnel detaining them for an unreasonable amount of time, illegal search and seizures of items. This Amendment gives individuals a right to deny searches without proper paperwork that is written by an officer, read and notarized by a judge to

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