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Striking a Balance: The Need for a Combination of Crime Control and Due Process Models in the American Criminal Justice System

The text discusses two primary goals of American criminal justice: the need to enforce the law and maintain order and the need to protect people from injustice. Chapter 1 addresses this issue beginning on p.11 and a synopsis of Herbert Packer’s crime control/due process models of criminal justice are provided in Figure 1-2. The original article by Packer is also available in the Module (sorry for the lengthy read).
Please present your position on the following:
Which of the two models is currently the primary focus of the American criminal justice system and why? Do you think the current situation is appropriate? Is a combination of the two models possible? Explain.
BOOK: Peak, K.J., & Giacomazzi, A.L. (2019).Justice Administration:Police, Courts, & Corrections Management. (9th Edition). New York, NY:Pearson
ISBN: 13: 978-0-13-487140-0

 

Sample Answer

Title: Striking a Balance: The Need for a Combination of Crime Control and Due Process Models in the American Criminal Justice System

Introduction:
The American criminal justice system is tasked with the dual objectives of enforcing the law and maintaining order, while also protecting individuals from injustice. Two contrasting models, the crime control model and the due process model, have shaped the approach to criminal justice in the United States. This essay will argue that while the crime control model has dominated in recent years, a combination of both models is necessary to strike an appropriate balance in the American criminal justice system.

Thesis Statement:
The crime control model is currently the primary focus of the American criminal justice system due to its emphasis on efficiency and quick resolution of cases. However, this singular focus compromises important constitutional rights and can lead to miscarriages of justice. Therefore, a combination of the crime control and due process models is necessary to ensure an appropriate balance between efficient law enforcement and safeguarding individual rights.

The Dominance of the Crime Control Model:
The crime control model prioritizes the swift processing of cases, with an emphasis on conviction rates and deterrence. This approach assumes that the majority of individuals arrested are guilty and focuses on maintaining public order. It supports measures such as aggressive policing, plea bargaining, and expedited trials to reduce case backlogs.

Consequences of a Singular Focus on Crime Control:
While the crime control model offers efficiency and deterrence benefits, it can lead to a range of negative consequences. First, it may result in the violation of individual rights as law enforcement agencies prioritize speed over due process. This can result in wrongful convictions and erode public trust in the justice system. Additionally, the disproportionate targeting of minority communities can perpetuate systemic biases.

The Importance of Due Process:
The due process model emphasizes protecting individual rights, fair trials, and the presumption of innocence. It seeks to prevent government abuse of power and ensure that justice is served through a careful examination of evidence. This model places a premium on procedural safeguards, such as the right to legal counsel, impartial juries, and exclusionary rules.

The Need for a Combination Model:
While both models have their merits, a combination of the crime control and due process models is necessary to address the shortcomings of each. A balanced approach would prioritize efficiency without compromising individual rights. This can be achieved through measures such as improved training for law enforcement officers, increased funding for public defenders, and investing in alternative dispute resolution methods.

Conclusion:
In conclusion, while the crime control model has become the primary focus of the American criminal justice system due to its emphasis on efficiency, a sole reliance on this model is not appropriate. A combination of both crime control and due process models is necessary to strike the right balance in the American criminal justice system. By valuing efficiency alongside safeguarding individual rights, we can ensure a more just and effective criminal justice system for all.

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