Crime Control v Due Process Crime ControlDue Process

Crime Control v Due Process

Crime Control/Due Process • Both embrace constitutional values

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

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

Crime Control • “Presumption of Guilt” – Those wrapped up in the criminal justice system are probably guilty

Crime Control • Limits the amount of appeals and plea bargaining

Crime Control n Assumes police and prosecutors are right

Due Process Model n 1960 s n More protection for individuals n Bill of Rights applied to states

Due Process • Doesn’t assume police are always correct in their fact finding

Due Process • Leaves room for errors/appeals

Due Process n Does not want to risk prosecuting an innocent person

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

Crime Control Due Process Control Crime Fair Procedures Society’s Needs Individual’s Rights Confidence in Police and Prosecutor Discretion by police and prosecutors Presumption of guilt Distrust of all gov’t power Emphasis on early stages of investigation Fear of criminals Emphasis on trial Limited discretion by police and prosecutors Presumption of innocence Fear of government