Due_process_and_crime_control

Due_process_and_crime_control - THE CRIME CONTROLS AND DUE...

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The American justice system’s need for an effective strategy to combat crime has been debated for years. In fact, close examination reveals that the core of the controversy and conflicting philosophies are fundamentally liberal and conservative and thus political in nature. Consider the goals of the American Criminal Justice system for a moment. The Primarily the goals can be categorized into two very distinct missions: (1) the need to enforce the law and maintain social order, and (2) the need to protect people from injustice. A cursory examination would appear to reflect that the two goals represent a common and consistent ideology. However, the two goals are generally considered to be in conflict with each other. The first goal is referred to as the crime control model and was developed by Herbert Packer and presented to the academic world in his analysis of the criminal justice system in the 1960’s. [2] This model places an emphasis and priority upon the aggressive arrest, prosecution, and conviction of criminals. The second goal is quite the opposite focusing upon protecting the individual rights of the accused and is commonly referred to as the due process model. The political considerations are obvious. Historically, the conservative position has generally endorsed the crime control model with the liberal position defending and supporting the due process model. Many would argue that the two positions would always be in conflict with each other forcing the American justice system to either make a choice or remain ineffective. To some the decision is black or white arguing that only one of the two goals can be effectively pursued. Unfortunately, such a perspective is a common symptom of political influence. After all, police agencies are government entities and therefore generally have no choice but to answer and conform to changing political will. Consider the various methods employed to pursue the crime control model. The argument in support of such a philosophy and its methods is rather compelling. Proponents endorse an all out assault upon criminal activity. The term “War on Crime” is commonly referred to by politicians and law enforcement as a means to identify, pursue, isolate, and ultimately eliminate the criminal element in our society. Such a strategy may include targeting high crime areas, increased patrols and traffic stops, profiling, undercover sting operations, wiretapping, surveillance, and aggressive raids and searches designed to break the back of criminal activity. Proponents argue that certain individual rights must be sacrificed for the common good. The positive effects of such a strategy are obvious in that criminals and criminal activity becomes the direct target of law enforcement. Entire neighborhoods plagued by prostitution, drugs, and gang activity have been cleared and made safe for law- abiding citizens. Due to the existence of significant and visible results such strategies are also generally popular by the citizenry and politicians. However, the “War on Crime” like all
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This note was uploaded on 02/18/2012 for the course HISTORY hs101 taught by Professor Lynch during the Spring '12 term at Dublin City University.

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Due_process_and_crime_control - THE CRIME CONTROLS AND DUE...

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