Understanding and

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• Understanding and
• Predicting the Future of
• Criminal Justice

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A Framework for Understanding the Future of
Criminal Justice
In his influential 1968 book entitled The Limits
of the Criminal Sanction, legal scholar Herbert
Packer describes the criminal justice process in
the U.S. as the outcome of competition between
two value systems

• The crime control model
• The due process model

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crime control model
One of Packers two models of the criminal
justice process. It reflects traditional
politically conservative values. In this model,
the control of criminal behavior is the most
important function of criminal justice.
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The Crime Control Model
Advocates of the crime control model want to make
the process more efficientto move cases through
the process as quickly as possible and to bring
them to a close.
Packer characterizes the crime control model as
assembly-line justice.
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The Crime Control Model
Crime control advocates prefer plea bargaining to
jury trials, which slow down the process.
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The Crime Control Model
The key to the crime control model is a
presumption of guiltif a person has been
arrested and charged, they must be guilty.
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due process model
One of Packers two models of the criminal
justice process. It embodies traditional
politically liberal values. In this model, the
principal goal of criminal justice is at least as
much to protect the innocent as it is to convict
the guilty.
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The Due Process Model
The due process model is based on the doctrine of
legal guilt and the presumption of innocence.
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Crime Control vs. Due Process
Which of the models dominates criminal justice
policy in the U.S. at any particular time depends
on the political climate.
Neither model is likely to completely control
criminal justice.
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The Future of Law Enforcement
If the future of law enforcement increasingly
reflects the principles and policies of the crime
control model, then we might expect fewer
limitations on how the police attempt to combat
crime.
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The Future of Law Enforcement
Greater intrusion into peoples lives will be
facilitated by advances in electronic
surveillance. Technological advances will
continue in the future.
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The Future of Law Enforcement
On the other hand, if we see a shift to the
principles and policies of the due process model,
we should expect existing limitations on how the
police combat crime to remain intact or even be
expanded.
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The Future of Law Enforcement
Regardless of which of Packers two models
dominates in the future, community policing is
likely to become standard practice throughout the
country, as police officers becomes known as
public service officers.
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The Future of Law Enforcement
One new development is DNA profiling, which will
probably become a routine law enforcement tool in
the near future.
Perhaps the most thorny issue with DNA profiling
is how the DNA database will be collected and
used.
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The Future of Law Enforcement
If the due process model prevails, the DNA
database will probably comprise samples taken
only from booked suspects, as is the current
practice with fingerprints.
If the crime control model prevails, the DNA
database may comprise DNA samples taken shortly
after birth from all infants born in the U.S.
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The Future of the Administration of Justice
Due process model enthusiasts argue for the
elimination of the grand jury, which they say has
become a rubber stamp for prosecutors.
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The Future of the Administration of Justice
The crime control model would likely see expanded
use of pretrial detention, which would encourage
guilty offenders to plead guilty.
Due process model supporters argue that pretrial
detention should be used sparingly if at all, and
that people should be entitled to remain free
until they are found guilty unless they pose a
threat to society.
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The Future of the Administration of Justice
If the crime control model dominates, it is
likely that appeals will be strongly discouraged
and limited.
If the due process model dominates in the future,
there will probably be no limitations on the
right to appeal.
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The Future of the Administration of Justice
If the crime control model dominates, criminal
courts will probably handle an increasing number
of juveniles. Juvenile courts may be eliminated
altogether.
Ironically, if the due process model dominates,
juvenile justice might be eliminated anyway,
because of concerns about procedural rights.
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The Future of the Administration of Justice
It is likely that whichever model dominates, most
conflicts will be handled differently, through
alternative dispute resolution programs.
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The Future of the Administration of Justice
Restorative justice, an alternative to the
punitive justice currently used in the U.S. may
be used in the future
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restorative justice
A process whereby an offender is required to
contribute to restoring the health of the
community, repairing the harm done, and meeting
victims needs.
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The Future of the Administration of Justice
Another form of restorative justice that may be
adopted in the U.S. is reintegrative shaming.
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reintegrative shaming
A strategy in which disappointment is expressed
for the offenders actions, the offender is
shamed and punished, but, what is more important,
following the expression of disappointment and
shame is a concerted effort on the part of the
community to forgive the offender and reintegrate
him or her back into society.
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The Future of the Administration of Justice
Technology will also change the administration of
justice in the future

• Defendants can appear in court via interactive
  television, reducing transportation costs, and
  allowing jails/prisons to be built far away from
  cities.
• Witnesses can provide videotaped testimony, or
  testify via interactive television.

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The Future of Corrections
In the area of corrections, crime control is, and
will probably remain, the paramount goal,
regardless of which model of justice
administration dominates in the future.
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The Future of Corrections
Perhaps the most divisive issue that will
confront correctional policy makers in the future
is whether increasingly scarce resources should
be devoted more to punishment or to
rehabilitation. The United States has
incarcerated 726 people per 100,000 of its
population, seven to 10 times as many as most
other democracies. The rate for England is 142
per 100,000, for France 91 and for Japan 58.
Current population 2,131,180 Source CNN April
24, 2005.
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The Future of Corrections
Most people knowledgeable about corrections in
the U.S. paint a rather bleak picture of the
future

• The number of citizens under correctional custody
  will continue to increase.
• Health costs will continue to escalate.
• Increasing numbers of offenders will consume
  increasingly larger budgets.
• The United States spends about 57 billion
  annually on its prison and jail system.

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The Future of Corrections

• Alternatives to incarceration will not prevent
  the need to fund hundreds of costly new jails and
  prisons.

• Governments will resist spending on corrections,
  and will increase reliance on alternatives to
  incarceration, privatization, and the use of new
  technology.