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Due Process and Crime Control

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Due Process and Crime Control

Yvette Aguirre

University of Phoenix

Criminal Procedure

353

Reginaldo Trejo

July 22, 2010

Due Process and Crime Control

Throughout time there has been much debate over the two models of crime: due process and crime control. Due process seems to be based off of the 14th amendment which states "All persons born or naturalized in the United States, andsubject to the jurisdiction thereof, are citizens of the United Statesand the State wherein they reside. No State shall make or enforce anylaw which shall abridge the privileges or immunities of citizens of theUnited States; nor shall any State deprive any person of life, liberty,or property, without due process of law; nor deny to any person withinits jurisdiction the equal protection of the laws". This type of control will require strict regulation of police enforcement, independent and impartial judicial process (due process), and imposition of proportional and justifiable punishment. Due process is basically the idea from the doctrine of legal guilt and the presumption of innocence. Supporters of the due process idea argue that pretrial detention should be used sparingly and that the individuals in question for crimes should remain free unless they pose a threat to society. Crime control on the other hand is the model for law enforcement that is based on the assumption of absolute reliability of police fact-finding and treats arrestees as if they were already found guilty. Crime control tries to deter crime by all means possible.

There are many differences that separate due process and crime control models such as how the arrestees are perceived and how these models affect society. Due process is where the people are arrested and are perceived to be innocent till proven guilty in a court of law. The crime control model believes that the people that have been arrested are already guilty and need to be punished by the government. Supporters of the due process model believe that policing in the criminal justice system will help maintain justice within society. Crime control models believe that arresting people in the criminal justice system has a negative effect and slows down the process of the criminal justice system. Courts prefer due process because it gives equality to all citizens, even the criminally accused, by securing their freedom, as it is stated in the Bill of Rights. Law offices tend to prefer the crime control model because they believe arrestees are already guilty and emphasize on arrest the prosecution and conviction of those who chose to break the law. Due process guarantees the rights of each individual under the 4th and 8th amendments of the Constitution whereas the crime model is far less protective of individual rights.

The 4th amendment of the Constitution states "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not beviolated; and no Warrants shall issue but upon probable cause, supportedby Oath or affirmation, and particularly describing the place to besearched, and the persons or things to be seized". The 5th amendment states that "No person shall be held to answer for a capital, or otherwise infamouscrime, unless on a presentment or indictment of a Grand Jury, except incases arising in the land or naval forces, or in the Militia, when inactual

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