1 Crime Control Model

Crime Control Model

Comprehensive Exam

Whitney Polen

CJ 602: Comprehensive Examination

Kaplan University

July 31, 2014

Dr. Patricia Drown

Introduction

Crime control and due process, how do these two complement one another, where are the

differences, and how do they work in the criminal justice program? The way that crime control

and due process differ is that crime control, in certain circumstances, allows law enforcement to

be manipulative and deceptive. It is legal for officers to trick offenders by different ruses to get

the offender to the station to be questioned.

Law enforcement can use varying tactics to arrested, or applying some physical or mental

pressure during situation when questioning and trying to enforce calm. Officers can even deceive

suspects while being interrogated. Due process, on the other hand, will not allow the District

Attorney or lawyers to be deceptive in any way. Everything done is held to the highest and

strictest degree of what the law entails.

Crime control and due process both share traits. In the crime control model, all parties

involved are afforded, in any stage of crime control, a lengthy list of rights. The police officers

must read any suspect the Miranda warning so the suspect in informed of their rights. While in

the due process the judges, before a plea, makes certain that the defendant understands exactly

what he/she is pleading to and what those consequences could be to their plea.

The outcome to the criminal justice system is trying to accomplish, with the crime control

models of Due Process and Crime Control is simple. The ability to challenge crime and making

sure the right justice is issued. So understanding the “due process” model was there to make

certain that all individuals have their rights portrayed and they have a fair trial even if they

decide to defend themselves in court.

Literature Review

Where the “crime control” model is there to make sure those weak cases can be dealt with

quickly and to discard them as soon as possible. So that more important and larger cases will be

able to be dealt with after a conviction and the punishment can be handed down as soon as

possible.

The criminal justice system is an ever changing and complicated system. This is due to the

changing and addition of new laws and getting the awareness of crime to society. These systems

tend to vary from country to country because there are differences within these justice systems

and different countries where the authority has been established. The criminal justice system, in

Wales and England, has several different agencies that include probation, prisons, and the police.

These different agencies are governmentally funded and ran so to keep the laws and

regulations in check. But most of these models are just theories. This assignment will look at the

advantage and disadvantage of the changes that could affect the criminal justice system.

The response to crime is why the criminal justice system was introduced. England and Walls,

this system has many parts of law enforcement, crime prevention, the court system, and penal

system. The criminal justice systems most important task is to safeguard society and hand out the

punishments of those who commit crimes. The criminal justice systems aims and objectives try

to deliver justice that protects those who are law abiding and punish the guilty. The justice

system works to offenders to justice and works with the public to reassure that criminals are put

in prison.

Understanding the “due processes” model lets those who come into contact with law

enforcement the confidence they cannot have their rights with held without appropriate legal
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actions. So anyone who is being charged or even has already been charged with a crime, should

understand they have several rights that all law enforcement agencies must uphold simply

because that individual is protected by human rights that co-exists with the “due process’ model.

Due process has been stated as having less faith in the criminal justice system, like the police,

and mentions that mistakes happen in criminal cases and that even agencies can be corrupt. That

is why the “due process” model is so useful because it can limit power of these criminal agencies

if there happened to be a mistake or corruption and lets that individual know they have the right

to defend themselves.

Crime control is a part of the criminal justice system that condemns a suspect for doing an

action that is considered criminal. The crime control model seems to prioritize the convictions

they are convicted of and not waiting for the courts to decide. But sometimes the crime control

model seems to be a little overzealous. That this model might even be more concentrated on

conviction even if that means convicting an individual who is innocent.

The comparisons of these two models are that both are essential in tackling crime and trying

to reduce it. Both models also work to punish those who commit deviant acts. But they work in

different ways and the way they approach an individual who has committed a criminal act.

The crime control model states a person is guilty until they can be proven innocent were the

due process they are innocent until proven guilty. Another difference that can be made is the due

process model believes that law enforcement is the most reliable way to both tackle crime and

maintain justice among society. But the crime control model believes that law enforcement can

have a negative effect and that more should be done about convicting individuals who commit

crime in order to reduce this type of criminal activity.

The government took over federal jurisdiction from state and local jurisdiction when it came

to crime control. The government also enlarged the federal support, to both local and state, in the

effort to combat crime. In 1984, the government passed three omnibus crime bills. “The

Comprehensive Crime Control Act of 1984 (P. L. 98-473) overhauled the federal sentencing

system and revised bail and forfeiture procedures along with other federal practices.

The Crime Control Act of 1990 (P. L. 101-647) codified a Crime Victims' Bill of Rights in

the federal justice system and directed the U. S. Sentencing Commission to amend certain

sentencing guidelines. The Comprehensive Crime Control Act is addressing also the important

installment of the acts that include the federal crime sentencing system.

The Violent Crime Control and Law Enforcement Act of 1994 (P. L. 103-322) authorized

funding for law enforcement and crime prevention measures including increasing the number of

crimes punishable by death and establishing a "three-strikes" provision for violent offenders.”

(O’Bryant and Seghetti, 2002)

Many bills, since the last major crime bill, have been set in motion to further address these

criminal justice issues. Debates on unacted proposals that are related to law enforcement are

expected to occur when the second session of the 107th Congress convenes.

March 2002, the House has considered and passed a “two strikes and you’re out” child

Protection Act (H.R. 2146), this bill will provide a mandatory life sentence for any person who is

convicted in a crime where the victim is a minor, unless the death sentence is imposed.

Legislation has been working tirelessly to try different approaches to crime control, especially

since the terrorist attacks of 911, but most of the government believes that crime control is a state
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and local problem and these states and local problems should be the responsibility of those law

enforcement agencies in order to combat and control crime effectively.

The reality of crime control is police fact-finding. There should be little limitations on how

police fight crime. But treating those who are arrested as if they are already guilty is not the

answer, these cases quickly get through the criminal justice system and resolutions can be made

quicker.

The government has issued grants to these departments in order for the state and local law

enforcement to strengthen and improve their police departments so that crime can be contained

in a more efficient way. “Among the new provisions in the Comprehensive Crime Control Act

were those addressing violent offenses, federal anti-terrorism provisions, certain economic

offenses, controlled substances, and a number of other miscellaneous crimes. One of the more

important measures in the act included a new system governing sentencing for federal crimes.”

(James, 1986)

Police activity is critical to the due process model and maintaining justice within society. But

the police authorities need to limit coercion and unfairness that officials impose on individuals.

Authorities should also be held accountable to the same procedures and guidelines this would

make them constant and fair throughout the criminal justice system.

Both due process and crime control have a place together within and law enforcement

agencies. The reason these work so well together is that due process ensures every citizen’s right

will be protected while crime control allows these officers to perform the jobs they need to in

order to uphold the law.

By using both (due process and crime control) department can be sure they have done their

job to the language of the law. Reading suspects the Maranda warning, search and seizures, pat-

downs on a stop and frisk. Crime control model is one of greater protection for society from any

criminal behavior within that community. Crime control promotes a quick and effective legal

system that does not worry or get wrapped up with complicated and lengthy cases. Due process

takes a much different approach.

Due process focuses on the individual and their rights, making sure the individual will

receive the best opportunities to prove they are innocent. “Due process focuses on retracing

police and judges with lengthy search and seizure, interrogation and appeals procedures. The

main concern of due process proponents is that the society maintains reliability and integrity in

the legal process and that reliability and integrity are not corrupted by speed and efficiency.”

(Walsh, & Hemmens, 2008)

In some cases thee has been a strong component of the due process system that has

allowed the guilty to go free based on technicality violations in those that officials are subject to.

But the due process model is only concerned with the criminal justice process, not the outcomes.

“Weaknesses in the crime control method revolve around being too quick and too efficient.

Much evidence today is based on the analysis of individual “experts” of certain fields. If an

expert was wrong in an analysis that is the base of incriminating evidence, the accused party

could suffer a penalty that was not warranted.

“In a situation like this a case appeal could provide the necessary evidence that would free an

innocent person. On the other extreme and example of weakness in the due process model can be
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found when the absolute necessity to uphold the integrity of the legal process frees a guilty man

on a process violation.” (Packer, 1964/1997)

There are however weaknesses also in the due process model. There is an extreme cost to

uphold this process which society ends up paying. The due process model tend to weaken the

right of protection to communities while on the other hand, the crime control model seem to

weaken the protection and rights of the individuals.

Most developed nations will use a combination of these models in their own systems, which

the dominant of these two is reflected within the ideologies that regard justice. But the answer

can be found in the underlying principles. It will depend on the ideology of the individual

societies and what is the most important part of their own justice system.

Remarkably, some societies can hold a very different concept of what justice is. The United

States and Canada have relatively similar ethical and moral views of how these models work, but

they hold strong differences on how practices within the way law and justice works. For

example, understanding that crime control models will emphasizes a greater protection for

society from any criminals that live within them. Crime control focuses on a swifter type of

punishment on crime for the great good of society.

Understanding these two models is important in knowing how they work. Due process tends

to focuses on getting the best opportunity for the accused to prove they are innocent. Where

crime control in more like an assembly line where appeals should be more minimalized so that

there is no cutter in an already backlogged system.

Due process insures that the legal system will maintain its reliability and integrity and that

these are not lost on speed and efficiency. But because of the strong components of due process,
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some cases the guilty individuals have gone free do to technicalities because due process works

toward the process of justice, not the outcome.

But there are weaknesses to these crime models; due process weakens the protection and

rights of the communities where crime control weakens the protection and rights of individuals.

But each of these weaknesses and strengths reflect these characteristics of the society that has put

these models to use.

Both crime control models have a valuable place in the criminal justice system. Even with the

weaknesses these models have the criminal justice system would not work successfully without

them. “Brandon A Perron states that crime control strategies “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[…]certain individual rights must be sacrificed for the common good.” (Perron, n.d.)

Crime control model is a process that punishes offenders for breaking the law. It is a system

that works by having the police in the areas that suffer from high crime and the officers to do

their jobs as the fact-finders on the scene of the crime. Having both of these models in operation

and having them being effective will reduce the crime and protect the communities that have to

deal with this injustice once and for all.

Conclusion

In conclusion, both crime models (crime control and due process) are very important parts to

the criminal justice system. One works hard for the individual and the other works for the legal

system itself. But the system would not work if one of these models were not there. In a

published article “Law, Justice and Society (2008) states, “If the crime control model can be

linked to an assembly line, the due process model can be linked to an obstacle course in which

impediments to carrying the accused’s case further are encounters at every stage of his/her

processing.” (p.48) (Walsh, Anthony, & Hemmens, 2008)

Having these models work well in the criminal justice will ensure both models to be

invaluable to the justice system. Understanding that most of society will never come into contact

with either model, but if and when they do their rights will be protected and the system will work

to get them through the process as quick as possible.

The crime control model and the due process model both compliment and contradict each

other well within the system. Knowing the crime control model will protect society from those

who are committing criminal acts in the communities and ensure they are punished for those

actions. Due process makes sure that every individual that goes to trial has the knowledge of

their rights and they are protected within them.

The criminal justice system shown here is just a small part of what makes it such a great

system. Having crime control models and due process is just the tip of the ice burgh. Seeing how

these two systems operate and compliment and conflict is what holds this system together and

makes it efficient.
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References:

Duff, Peter. (1998). Crime control, due process and 'the case for the prosecution' : A problem of

terminology? The British Journal of Criminology, 38(4), 611-615.

George, B. James, Jr. 1986. The Comprehensive Crime Control Act of 1984. New York: Law &

Business.

Maguire, M., Morgan, R., & Reiner, R. (eds.) (2007). The Oxford Handbook of Criminology

(4th Ed.) Oxford: Oxford University Press.

O’Bryant, JoAnne, and Seghetti, Lisa (2002). Crime Control: The Federal Reponse.

www.policyalmanac.org/crime/archive/crs_federal_crime... Retrieved August 8, 2014. URL

Packer, Herbert. (1964/1997). Two models of the criminal process. In A criminal anthology,

edited by S. Wasserman and C, Snyder, pp. 3-9. Cincinnati, Ohio: Anderson

Partridge, Anthony. 1985. The Crime Control and Fine Enforcement Acts of 1984: A Synopsis.

Washington, D.C.: Federal Judicial Center.

Perron, Brandon A.(n.d.). The Crime Controls and Due Process Models.

http://defenseinvestigator.com/article10.html Retrieved August 12, 2014

Strazzella, James A. 1996. The Federal Role in Criminal Law.

Walsh, Anthony, & Hemmens, Craig. (2008). Law, justice, and society. (pp 47-51). New York:
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Oxford University Press, USA.