TWO MODELS OF THE CRIMINAL PROCESS - FROM CRIMINAL JUSTICE - LAW AND POLITICS, 1972, BY G F COLE - SEE NCJ-25794)

• NCJ Number: 25797
• Author(s): H L PACKER
• Date Published: 1972
• Length: 18 pages
• Corporate Author: Wadsworth Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE DUE PROCESS MODEL, WITH ITS EMPHASIS ON THE RIGHTS OF THE INDIVIDUAL, IS SUBSTANTIALLY OPPOSED TO, BUT NOT DIVORCED FROM THE CRIME CONTROL MODEL, WHICH EMPHASIZES THE REGULATION OF CRIMINAL CONDUCT.

Abstract

THE AUTHOR BEGINS BY DELINEATING SOME ASSUMPTIONS COMMON TO BOTH MODELS OF OUR CRIMINAL JUSTICE PROCESS. THE FIRST ASSUMPTION IS THAT THE FUNCTION OF DEFINING CONDUCT THAT MAY BE DEFINED AS CRIMINAL IS SEPARATE FROM AND PRIOR TO THE PROCESS OF IDENTIFYING AND DEALING WITH PERSONS AS CRIMINALS. THE SECOND ASSUMPTION IS THAT THE CRIMINAL PROCESS OUGHT TO BE INVOKED BY THOSE CHARGED WITH THAT RESPONSIBILITY WHEN IT APPEARS THAT A CRIME HAS BEEN COMMITTED AND THAT THERE IS A REASONABLE PROSPECT OF APPREHENDING AND CONVICTING THE PERPETRATOR. THE DIVERGENT VALUES OF THE TWO MODELS ARE THEN DISCUSSED. IN ORDER TO ACHIEVE ITS CLAIM THAT THE CRIMINAL PROCESS IS A POSITIVE GUARANTOR OF SOCIAL FREEDOM, THE CRIME CONTROL MODEL REQUIRES THAT PRIMARY ATTENTION BE PAID TO THE EFFICIENCY WITH WHICH THE CRIMINAL PROCESS OPERATES TO SCREEN SUSPECTS, DETERMINE GUILT, AND SECURE APPROPRIATE DISPOSITIONS OF PERSONS CONVICTED OF CRIME. THIS MODEL REQUIRES A PRESUMPTION OF GUILT WHEREAS THE DUE PROCESS MODEL REQUIRES A PRESUMPTION OF INNOCENCE. ONE OF THE MAJOR DIFFERENCES BETWEEN THE MODELS IS THAT DUE PROCESS REJECTS THE INFORMAL FACT-FINDING EMPHASIS OF THE CRIME CONTROL MODEL IN FAVOR OF FORMAL ADVERSARIAL PROCEEDINGS. OTHER VALUES OF THE TWO MODELS ARE DISCUSSED AND CONTRASTED.