The conflict between the rights of individuals and the rights of society is related to a distinction between two models of the criminal justice system: the due process model and the crime control model. Define and contrast the two models.

Question

What will be an ideal response?

Answer 1

Answers may vary.The values underlying each of these models are legitimate, and the goal of our society is to achieve a balance between them. But because different priorities are important to each model, there is constant tension between them.The due process model, favored in the 1960s, places primary value on the protection of citizens, including criminal suspects, from possible abuses by the police and the law enforcement system generally. It assumes the innocence of suspects and requires that they be treated fairly (receive "due process") by the criminal justice system. It subscribes to the maxim that "it is better that ten guilty persons shall go free than that one innocent person should suffer." Thus the due process model emphasizes the rights of individuals, especially those suspected of crimes, over the temptation by society to assume suspects are guilty even before a trial.In contrast, the crime control model, favored in the 1990s, seeks the apprehension and punishment of law-breakers. It emphasizes the efficient detection of suspects and the effective prosecution of defendants, to help ensure that criminal activity is being contained or reduced.