Due Process and Crime Control Essay

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This 'law and order' approach, however, will tend to invoke discomfort amongst civil libertarians, who will object to the danger that this poses to the constitution. Accordingly, we consider the Due Process Model of criminal justice, which U.S. Legal (2010) identifies as a mode of administration which emphasizes procedural regularity, adherence to the terms of the Constitution and meaningful commitment to the notion of innocent until proven guilty. As USLegal reports, "A person is entitled to notice and opportunity to be heard at a hearing when they have life, liberty. Or property at stake. Laws should be applied to persons equally, without discrimination on prohibited grounds, such as gender, nationality, handicap, or age. In criminal cases, fair procedures help to ensure that an accused person will not be subjected to cruel and unusual punishment.

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" (USLegal, p. 1)

Conclusion:

In reality, it would be unreasonable to determine that one mode of administration of justice is to be preferred over the other. As the Packer text indicates repeatedly, as with justice and mercy in broader terms, Due Process and Crime Control are meant to balance one another. My personal philosophy inclines a proclivity toward Due Process, which denotes a limitation upon potentially tyrannical uses of government apparatuses such as the courts. However, this is stated with the understanding that Due Process would be largely a destructive force if not checked by a sense of duty to serve justice on behalf of the past and potential future victims of a criminal defendant.

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