Criminal Procedure Policy Term Paper

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Due Process and Crime Control Models

One simply cannot look at contemporary criminal procedure policy without seeing clearly the undeniable role that due process and crime control models has had and been able to influence. For instance the Fourth, Fifth, Sixth and Fourteenth amendments to the Constitution have had an undeniable influence on the criminal justice system, mostly via the form of ground-breaking cases which have undeniably been able to shape the way that the system functions. Together the values which act as a foundation for the due process of law and the model of crime control offer benefits to society, individuals inside and outside of the system, and the greater criminal justice system as a whole. In America, the dynamics of the due process of law zero in on the necessity of protecting legal and illegal individuals who function within the system and in society as a whole. "The Due process of law focuses on protecting all legal and illegal individuals' by guaranteeing a level of Constitutional Rights and liberties here in the United States. The Due process of law does this by reducing the level of discretional powers individual law enforcement Officers have, limiting laws, and by demanding that each professional abide by and follow the formal process and procedures of the law when establishing a criminal case" (Limbaugh, 2010). However, this still needs to be balanced against a primary concern of protecting society by engaging in a successful means of law enforcement via the employment of a range of strategies for the prosecution of criminals for the greater benefit of the general population (Limbaugh, 2010).

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Due process is still a dynamic which gives a certain amount of agency to law enforcement officials, giving them the freedom to use their personal beliefs and personal prejudices/opinions. Even so, the due process model as used in America believes that all individuals are innocent until guilty; furthermore, the crime control model tries to push the individual through the system like a conveyor belt in the supermarket, freeing up court congestion, and thus allowing the courts to be able to process and try more cases (Limbaugh, 2010). This is viewed as a major benefit because it keeps people who commit crimes processed through the system in a timely fashion; those who oppose it feel that it is something which provides guilty parties with a range of unneeded protections that they don't deserve and also shouldn't receive (Limbaugh, 2010). On the other hand, the due process of law believe that the model is ultimately beneficial as it can help to minimize mistakes while striving to not punish the innocent by thwarting and eliminating corruption as much as possible, and minimizing the risk of imprisoning the innocent. In that sense, the Fourth Amendment functions very strongly and prominently as a means of offering….....

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