The 'crime-control' and 'due-process' models for the criminal justice system's approach in dealing with defendants and offenders are compared.
The crime-control model emphasizes the standardized, expeditious processing of defendants through the court system and the uniform punishment of offenders according to the severity of their crimes. Under this model, arrest and prosecution tend to imply guilt. The due-process model focuses upon the rights of the defendant, who is presumed innocent until proven guilty, and aims at individualizing rehabilitation programs for those found guilty. The crime-control model leads to policies that emphasize the criminal justice system's arrest and punishment of the offender as the means of deterring crime and repressing criminal behavior. The due-process model tends to produce a policy of minimizing criminal justice system intervention in favor of developing and using informal community persuasive and rehabilitative social controls. Current emphasis in the criminal justice system tends toward the due process model. This has led to an expansion of community alternatives to punitive institutionalization. These alternatives include (1) halfway houses, which are temporary residences for those under the supervision of parole departments, those returning to the community after having completed their sentences, and probationers; (2) community treatment centers, used to provide a total plan to reintegrate the offender into the community; (3) diagnostic parole and parole clinics, which screen persons for parole eligibility either immediately after sentencing or after serving a short time in prison; and (4) work release programs, which permit inmates to work in the community during the day and return to the institution at night. Tables compare the models' characteristics and 29 notes are listed.
Due Process vs. Crime Control Model
The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
Some of the differences between the due process model and the crime control model are in the due process model people that are arrested are perceived to be innocent until proven in a court of law. The crime control model believes that the people that are arrested are guilty and need to be punished by the government. Another difference with both models is the due process model believes that policing within the criminal justice system is essential to maintaining justice within society. The crime control model believes that the arresting of people in the criminal justice system has a negative effect and slows down the process of the criminal justice system. One more difference is the due process model believes in the rights of the defendants and proving their guilt is essential to keep the government in control. The crime control model believes that the rights of the defendant cost too much and the criminal justice system should be spending more money on recruiting police officers and building prisons. Although both models have some differences, they also have some similarities. The due process model and the crime control model both believe that the defense counsel’s job is to act as an advocate within the criminal justice system. Another similarity of both models is they both believe that criminals should be punished if they violated the law.
There seems to be more differences than similarities between the due process model and the crime control model.
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Term | Definition The conflict model says that the interests of criminal justice agencies tend to make actors within the system self-serving. | |
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Term | Definition In some states, the prosecutor may seek to continue the case against a defendant by filing information with the court. | |
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Term | Definition Evidence-based practice refers to crime-fighting strategies that have been scientifically tested and is based on social science research. | |
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Term | Definition The crime epidemic of 1850–1880 was related to social upheaval caused by large-scale immigration and the Civil War. | |
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Term | Definition During the 1960s and 1970s an emphasis on individual rights was accompanied by a dramatic decrease in reported criminal activity. | |
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Term | Definition The Federal Emergency Management Agency (FEMA) experienced surprisingly little fraud after the Katrina disaster. | |
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Term | Definition In the mid-1980s, the sale and use of illicit drugs was at an all-time low. | |
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Term | Definition Public-order advocates support the interests of society over individual rights. | |
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Term | Definition Individual-rights advocates primarily seek to protect personal freedoms and civil rights within the society, and especially within the criminal justice process. | |
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Term | Definition Criminal justice is “truth in action” within the process of administration of justice. | |
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Term | Definition Criminology is the scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders. | |
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Term | Definition The dual goals of crime control and due process are often assumed to be opposing goals. | |
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Term | Definition Civil justice concerns itself with fairness in relationships among citizens, government agencies, and businesses in private matters. | |
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Term | Definition The systems model of criminal justice is an accurate representation of how the criminal justice system works. | |
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Term | Definition The adjudication period involves a variety of sentences that can be imposed on a defendant. | |
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Term | Definition The tension between individual rights and social responsibility does NOT form the basis for policymaking activities in the criminal justice arena. | |
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Term | Definition The first ten amendments of the United States Constitution are collectively known as the Bill of Rights. | |
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Term | Definition Contemporary multiculturalism and social diversity draw attention to racial, ethnic, subcultural, generational, faith, economic, and gender lines. | |
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Term | Definition Which model assumes that the system’s subcomponents work together harmoniously to achieve the social product we call justice? | |
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Term | Definition A(n) ________ issued by a judge provides the legal basis for an apprehension of suspects by police. | |
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Term | Definition ________ is the scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders. | |
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Term | Definition Which stage in the criminal justice process involves taking pictures and fingerprints of the suspect? | |
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Term | Definition During arrest and before questioning, defendants are usually advised of their ________. | |
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Term | Definition In case of indictment, who hears evidence presented by the prosecutor and decides whether the case should go to trial? | |
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Term | Definition Which model emphasizes individual rights? | |
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Term | Definition Which of the following terms is defined as an ideal that embraces all aspects of civilized life? a. criminal justice b. vigilante justice c. social justice d. civil justice | |
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Term | Definition Which model emphasizes the efficient arrest and conviction of criminal offenders? | |
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Term cultural beliefs of right and wrong | | Definition Criminal justice involves all of the following elements, EXCEPT________. | |
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Term seek to determine whether there is probable cause | | Definition At the preliminary hearing, the judge will ________. | |
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Term | Definition The American criminal justice process begins with ________. | |
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Term | Definition At arraignment, the defendant cannot plead ________. | |
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Term individual-rights advocates | | Definition Which of the following advocates would support the protection of personal freedoms and civil rights? | |
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Term a partial tribunal having jurisdictional authority | | Definition Due process includes all of the following basic elements, EXCEPT________.
a. an opportunity to defend b. a trial according to established procedure c. a partial tribunal having jurisdictional authority d. an accusation in proper form | |
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Term | Definition Which of the following advocates would support the interests of society over those of an individual? a. due-process advocates b. individual-rights advocates c. consensus model advocates d. public-order advocates | |
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Term | Definition An offender who has served a portion of a prison sentence may be freed on ________. | |
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Term | Definition Bernard Madoff’s operation of a Ponzi scheme is an example of ________. | |
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Term | Definition Which of the following terms means procedural fairness? | |
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Term | Definition In the criminal justice process, a(n) ________ has to occur before a(n) ________ can take place. | |
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Term | Definition Which stage of the criminal justice process is an adversarial process that pits the prosecution against the defense? | |
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Term | Definition Criminal justice refers to the aspects of ________ ________ that concern violations of criminal law. | |
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Term | Definition Which model of criminal justice assumes that the efforts of the component parts of the system are fragmented, leading to a criminal justice nonsystem? | |
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Term | Definition One purpose of ________ is to provide an opportunity for bail. | |
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Term | Definition Which Supreme Court era is remembered for its concern with protecting the innocent against massive power of the state in criminal proceedings? | |
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Term b. USA PATRIOT Act of 2001 | | Definition Which of the following acts was enacted in response to the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001? a. United States Terrorism Act of 2001 b. USA PATRIOT Act of 2001 c. Armed Forces Act of 2001 d. Civil Defense Act of 2001
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Term | Definition Who created a cabinet-level “drug czar” position to coordinate the “war on drugs”? | |
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Term | Definition ________ describes a society that is home to a multitude of different cultures. | |
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Term | Definition Multiculturalism is usually linked with what other term? | |
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Term b. It encouraged scientific research into the operation of the criminal justice system. | | Definition Which statement does NOT correspond to early criminal justice education? a. It was a kind of extension of on-the-job training for working practitioners. b. It encouraged scientific research into the operation of the criminal justice system. c. It focused on the application of general management principles to the administration of police agencies. d. It came to be seen as a practical field of study concerned largely with issues of organizational effectiveness. | |
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Term | Definition ________ refers to crime-fighting strategies that have been scientifically tested and are based on social science research. | |
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