Crime Control v Due Process

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Crime Control v Due Process
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Crime Control/Due Process

• Both embrace constitutional values

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Crime Control

• Prior to the 1960s
• See it again starting in the 80s and 90s.
• Back again after 9/11

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Crime Control

• Criminal justice system exists to reduce crime
  for the good of the whole society

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Crime Control

• Presumption of Guilt
• Those wrapped up in the criminal justice system
  are probably guilty

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Crime Control

• Limits the amount of appeals and plea bargaining

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Crime Control

• Assumes police and prosecutors are right

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Due Process Model

• 1960s
• More protection for individuals
• Bill of Rights applied to states

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Due Process

• Doesnt assume police are always correct in their
  fact finding

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Due Process

• Leaves room for errors/appeals

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Due Process

• Does not want to risk prosecuting an innocent
  person

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Due Process

• Mission is to guarantee fair procedures for every
  individual caught up in the system
• More important to guarantee the right of
  individuals to fair procedures than to catch
  criminals.

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Crime Control Due Process
Control Crime Fair Procedures
Societys Needs Individuals Rights
Confidence in Police and Prosecutor Distrust of all govt power
Discretion by police and prosecutors Limited discretion by police and prosecutors
Presumption of guilt Presumption of innocence
Emphasis on early stages of investigation Emphasis on trial
Fear of criminals Fear of government