Administration of Justice as Depicted in the Due Process Model and the Crime Control Mode

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Due Process vs. Crime Control

When it comes to criminal justice, there are two different types of models that are generally accepted, the Due Process model, and the Crime Control model. These two different approaches to administering criminal justice boil down to political views, Crime Control being the more conservative model, and Due Process being more on the liberal side of the political spectrum. Crime Control focuses on efficiency and empowering the police, basically giving more regard to the victim attaining justice. The heart of the Due Process model lies in protecting the rights of the accused and ensuring fair procedures for the suspect. I personally believe that in order to make the system work at its’ peak, the Crime Control model should be used.

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The first thing to consider when comparing the Due Process and Crime Control models is what the function of criminal justice should be. The due process model hinders police investigations. While police are forced to wait for warrants in order to arrest or even to search a suspects’ property, it gives the suspect time to hide evidence, intimidate possible witnesses, and get their story straight. If the police were able to act efficiently on a reasonable hunch, more criminals could be apprehended before they have a chance to tamper or get rid of certain evidence all together. Such a strategy may include targeting high crime areas, increased patrols and traffic stops, profiling, undercover sting operations, wiretapping, surveillance, and aggressive raids and searches designed to break the back of criminal activity (Perron). Not only could this stop a suspect from covering their asses so to speak, it could also possibly stop a violent offender from committing another act of violence. Now in order to combat the police from over extending the use of this power, I believe that something needs to be put on the line before an officer acts on a “hunch”. An officer should feel strongly enough that taking action is the right thing to do that severe repercussions can occur if they are wrong. A file should be kept of officers acting quickly and whether or not such actions paid off, if they are wrong too many times or it becomes evident they are abusing extra authority, counseling or even a suspension without pay should take place.

The other problem with the due process model is once the case makes it to the court system. The emphasis with the due process model is on the rights of the defendant. Cases going back and forth and getting tied up with new evidence, improper policing and other issues tie up the courts and allows criminals to wiggle their way out of punishment unjustly. The Crime Control Model, or efficiency model, resembles an assembly line is supportive of law enforcement and prosecutorial proceedings (Hutton). If the court system was allowed to operate under a Crime Control model, the entire process could be streamlined and made more efficient, thereby lowering court costs.

When utilizing the Crime Control model what it boils down to is almost reverting our innocent until proven guilty mindset. Now this isn’t to say a fair trial should not take place if a case is deemed more complex. I feel the best way to offset an outcry of injustice is to have a judge or other official decide whether or not a case needs a traditional trial. If it was understood by the public at large that there is now much less of a chance to wiggle your way out of punishment through the manipulation of the courts and the criminal justice system in general, I believe that alone would lead us to see a decline in the crime rate.

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