Crime Control Issues - Essay Example

? Criminal procedure Crime control is an integral move to maintain order within the society. This is important especially that society nowadays is becoming sophisticated in almost every aspect (social, economic, politics etc). Thus, in this paper the proponent tries to analyze which among the due process and crime control model gives the people significant advantages and benefits in addressing their concerns. Regarding this, the proponent tries to compare and contrast the role of due process and crime control models on shaping criminal procedure policy. Thus, the analysis includes a review and assessment of the Amendments of the United States Constitution and the Bill of Rights to the states and their potential impacts on the criminal justice system as applied to due process and crime control models. Keywords: crime control model, due process model, Bill of Rights, justice system Introduction As society progresses in almost every environmental aspect (social, economic, politics etc.), what the people need is order and including their significant concerns on their individual rights so as to preserve their lives, freedom, properties and so on. Thus, it is important to understand which among the due process and crime control model gives them significant advantages and benefits in addressing their concerns. In this paper, the proponent tries to compare and contrast the role of due process and crime control models on shaping criminal procedure policy. Thus, the analysis includes a review and assessment of the Amendments of the United States Constitution and the Bill of Rights to the states and their potential impacts on the criminal justice system as applied to due process and crime control models. Crime control model Crime control model is associated with efficient criminal justice system. In other words, individuals who adhere to crime control model believe that crime control can only be maximized through efficiency, underlying the utilitarian principle which primarily gives the greatest good for the greatest number of citizen (Braswell, McCarthy & McCarthy, 2011, p.81). Through maximizing crime control, the criminal justice system is therefore expected to have rapid response to identify, apprehend, convict and punish perpetuator (Braswell, McCarthy & McCarthy, 2011, p.81). Due process model The due process model is concerned with the justice and on the process how it is achieved. In other words, in this model there is equal treatment on giving protection of the innocent and employing punishment of the guilty (Braswell, McCarthy & McCarthy, 2011, p.81). In either way, there is fair treatment on these two cases as the ultimate goal is to seek justice under the required process in the entire justice system. Thus, in other way of saying this, under the due process model, the rights of each individual, either culprit or innocent victim, either of them has to undergo a fair trial. This is a process of giving equal opportunity for each individual to protect their rights. Analysis Crime control and due process models are integral parts of the US criminal procedure. However, in practice and principle these two may differ at some point, as the former would want to emphasize efficiency and finality of the outcome rather than emphasizing appropriate procedures within the justice system. The main argument that may possibly exist in comparison of these criminal procedures involves the consideration of what is meant to achieve “justice” and “efficiency”. Based on the above definitions, it turns out that the due process model absolutely focuses on achieving justice while crime control model may be too narrowly focused on solving the crime that at some point may disregard whether there was a fair procedure implemented as to the case of the former. For instance, in the fourth, fifth and sixth amendments of the US Constitution, each person has the right to protect or secure their persons, houses, papers and so on from unreasonable searches and seizures; secure to answer for a capital or infamous crime without due process; and a speedy and public trial (Legal Information Institute, 2012). This especially highlights the due process model in application. Applying this in the context of crime control may at some point would hinder its ability to potentially achieve “efficiency” as there is necessary fair procedure or due process that need to be established prior to successfully search the individual’s identity, houses, papers and so on. In addition, using the crime control model which would potentially integrate rapid response to crime, will not necessarily apply in the case of giving full security to an individual to answer for a capital or infamous crime without speedy and public trial. This would mean giving ample time for the suspect to secure evidences and present them in the court for sound judgment. At some point, this may take too long depending on the kinds of evidences presented. Furthermore, as stated in the fourteen amendment of the Bill of Rights, “The state is forbidden to deny any person life, liberty or property, without due process of law” (The Library of Congress, 2012). This is highly applicable in the US justice system, but sometimes there are some cases in which individuals who were convicted or incarcerated may appeal on the court on the ground of being denied of the due process of law. This only indicates that efficiency from the point of view of crime control model cannot essentially meet the ultimate goal of due process model which substantially gives strong emphasis on providing equal chance of justice for everyone under a fair procedure. Conclusion At some point, it is clear that there might have been a significant conflict between crime control model and due process model with respect to how they would implement the justice system. Although each of them seeks to provide the opportunity to maximize crime control, they might be in conflict with regards to their underlying principles, procedures and implementation. Since crime control model is promoting efficiency with respect to rapid response to the crime, it cannot directly link itself with the due process model as the latter always seeks to employ fair procedure and equal opportunity for both the victims and the culprits to hear their respective stands, opinions and evidences. Furthermore, the due process model also tries to maintain the ultimate rights of an individual to receive fair justice just prior to implementing punishments and any other related sanctions from the court. In other words, the above mentioned models as components of the State’s crime control procedure could only work together in harmony if one of them adheres to the ultimate principles or procedures of the other. In this case, it would be more meaningful to exercise on the part of the crime control model to integrate in its concept of efficiency the underlying principles of the due process model. References Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2011). Justice, Crime, and Ethics (7th ed.). Burlington, MA: Elsevier. Legal Information Institute. (2012). Bill of Rights. Retrieved from http://www.law.cornell.edu/constitution/billofrights The Library of Congress. (2012). 14th Amendments to the US Constitution. 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