Criminal Procedure Policy

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Criminal Procedure Policy

CJA/364

June 12th, 2011

Page 1

Due Process and Crime Control models reflect different sides of the law, and different sides of beliefs. Due Process is designed more for the defendants to ensure their constitutional rights which are afforded by the Constitution of the United States of America. Crime Control model is more asserted towards the victims of the crimes versus the offender. This model is designed to make sure the offenders are punished, and the victims are afforded vindication. As we travel through this paper it will show the vast differences between the two sides of the justice system.

The due process model was incorporated into the U.S. Constitution because the founding fathers did not think a person should be deprived of Life, Liberty, without due process of the law. This has come into the forefront of justice through all avenues such as through police investigations, evidence gathering, and even in the courtrooms across America. People often wonder what due process mean s. According to Duhaime the legal definition of due process is “Fundamental procedural safeguards of which every citizen has an absolute right when a state or court purports to take a decision that would affect any right of that citizen.”(Duhaime, 2009) This process is made up of several rights, but one of the basic ones is the right to be heard, and the right to an impartial judge.

The due process model is based on the presumption of innocence until proven guilty. The majority of its supporters believe that offenders should remain free until proven guilty. They believe pretrial detention is not necessary unless they are a threat to society. Some opponents of this same clause want to know who is responsible for

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determining if they are a danger to…...

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