Topic > Analysis of Packer's Crime Control Model in Contrast with Due Process

In 1964, Herbert Packer introduced his criminal justice models; Due process and crime control. The focus will be on crime control and how Packer created this model to describe excessive expectations of the criminal justice system. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay The crime control model focuses on public order and ensuring that society is safe by having an efficient system to suppress and control crime. The model is known for the speedy process where an individual is arrested and convicted, this needs to be done in a quick and timely manner as speed and finality are highlighted as one of the key points. In terms of speedy trial, this model is an advocate for ensuring that punishment for offenders is severe and deems it necessary to be carried out as quickly as possible, and in terms of guilt, the crime control model would say that a person is guilty until proven otherwise. Packer describes this model as a way to prioritize sentencing individuals who have committed a crime and not wait for the courts to decide. This would allow the public to see that the criminal justice system is effective in reducing crime because these arrests and convictions are made in a timely manner. The need to demonstrate the idea that the criminal justice system is effective is due to the crime control approach in the belief that the police are having a negative effect on society and that much more should be done to convict all individuals who have committed a crime to reduce criminal activity. The crime control model would be used primarily when promoting policies in order to tighten the system, further expanding police powers, changing sentencing practices, for example by creating the “three strikes” rule. The model's main beliefs are that police powers should be expanded to make it easier to investigate crimes and suspicious arrests, search people and seize evidence. Legal loopholes that would limit the effectiveness of the police should be eliminated, any statement made by a suspect or accused should be admissible, except those considered involuntary and false due to coercion. This would help ensure that any evidence presented in court is legally admissible and would prevent the arrest of someone who is not guilty. The benefit of the crime control model is that the police would arrest and convict the guilty members of society, who are responsible. to commit a crime, there are also long-term benefits to the idea that it aims to directly control disorder and delinquency, minimize the harm caused to society, the incarceration of offenders, corrections and deterrence as well as reassuring the public about criminal justice system is effective and can be trusted. Roach (1999) and Duff (1998) both concluded that if the crime control model were used correctly, the way it was intended to be used, there would be cases where prosecutors would drop charges or criminals would plead guilty. Klein (2006) studied the crime control model and how it has a reliable screening process for suspects and many criminals are charged because of the crime control model they will spend time in prison because of the system that has its reliable screening process. Although there is room for improvementin the context of plea bargaining, Klein supports the model and the foundations on which it is based. “The criminal process, in this model, is viewed as a screening process in which each subsequent state investigation – pre-arrest investigation, arrest, post-arrest investigation, trial preparation, trial or plea submission, conviction, disposition – involves a series of routine operations whose success is measured primarily by their tendency to bring the case to a successful conclusion." There have been crime control statutes, new laws put in place by the U.S. Congress has toughened sentences for certain types of crimes, for example, money laundering, car thefts, drug trafficking, violent crimes etc., now they face federal criminal sanctions. These laws focus on punishment rather than rehabilitation. The more serious the crime, the harsher the sentence you receive was the main idea and it worked. An individual would not be able to cheat the system, he would be punished, no matter how small the crime. “He [Packer] assumes that punishment is necessary to control crime, when it may achieve little in the way of general deterrence and may make matters worse by stigmatizing offenders and producing rebellion.” Due to the fast-paced nature of arresting and sentencing people, the police have full control and there is a presumption of guilt, rather than a presumption of innocence. The model prioritizes factual guilt over legal guilt, and from a crime control perspective, allowing a guilty individual to go free would represent the ultimate failure of the criminal process. Weak cases are ignored as soon as possible rather than being dragged out for longer periods. time, the idea of ​​wasting time when it comes to the crime control model reflects badly on the criminal justice system, that's why the trial is quick, if there is not enough evidence when the case is brought to court, the case will be resolved Closed. This is both an advantage and a limitation of the model. If a case is closed too quickly, interested parties would be greatly discouraged and believe that the criminal justice system does not "care" enough to take the time to follow up the case and try as much as possible to arrest the guilty party. However, it is also an advantage, closing cases that show no information saves money, time and resources that would be better used in a case that shows promise in finding a guilty individual on which the entire model focuses, arresting and convicting the guilty. Choongh (1998) has published information regarding the limitations of Packer's crime control and due process models. Because crime control is based on efficiency and purpose, it can cause harm as well as be beneficial. The quicker the investigation, the greater the chance it will be incomplete, rushed and potentially sloppy. Other theorists such as Michael King (1981), argue that there are many other models that would make the criminal justice system more effective. After analyzing the penal system, King (1981) published a theory consisting of six models that correspond to Packer's theory, however, it was further elaborated and concluded that Packer's (1968) models are too simplistic. These models proposed by King consist of; the crime control model; fair trial model; bureaucratic model; medical model; power model; state transition model. While King agrees with Packer's work, he believes these models are essential for the criminal justice system to be effective. The medical model, adexample, it focuses on rehabilitation and the idea that some criminals need treatment for their actions, they need proper assessment, treatment and treatment to prevent them from committing further criminal acts. This is essential to be able to identify and reduce crime by addressing the questions of why an individual commits a crime and how he or she should be punished depending on his or her mentality. With the example of King (1981), he shows that Packer's theory may lack a significant amount of depth, be too narrow, and may lose credibility if King's models were implemented. Kings' extension of Packer's models highlighted the problems in Packer's work and models of the criminal justice system should be taken into greater consideration, however, King's models have been criticized as if put in place, they could cause further pressure on the criminal justice system to implement the new rules and procedures. Another disadvantage of the crime control model would be the amount of authority it gives to the police, if some officers were biased in their thoughts, they would be harsher towards different "criminals". Liberal supporters of the due process model believe that the crime control model pursues the ideology of a police state, since it is too harsh, where there is no division of power and the police control the country, this avoids the long democratic process process. Individuals lack the ability to defend themselves in court due to the harsh nature of the crime control process. The police arrest them because they believe they are guilty and proceed with the criminal justice process. There are many people who support the idea that there is no defense available to people who have been convicted. Supporters believe that the absence of plea bargaining is a good thing, that it “allows defendants to avoid conviction for the crimes they commit,” sends the wrong message, leads to much more lenient sentences, and gives criminals the mentality that Courts are easily manipulated. LaWall (2001) states that plea deals give the impression that “the entire credibility of the criminal justice system is corrupted.” Producing the mentality that effective crime control is lacking, trial judges are perceived as being too willing to release prisoners by offering them the possibility of a plea bargain that is less than the maximum allowed by law. “Chronic overcrowding in juvenile justice facilities is an oft-mentioned problem, but it is unclear how simply transferring overcrowding problems in juvenile facilities to adult courts and already overcrowded adult prisons can alleviate the problem” (Neubauer & Fradella , 2010. p. 519). This same group of advocates also believes that juveniles should also take full responsibility for their actions, the crime control model has primarily dealt with adult convictions. They believe that if a common problem is overcrowding in juvenile justice facilities, then there should be more transfers to adult courts, the transfer would help alleviate the problem, these individuals believe that “crime is the product of moral breakdown and it shouldn't matter what” age is." The death penalty is also supported by this model of criminal justice, this is believed to be a long-term benefit and works in conjunction with arresting offenders and issuing mandatory sentences. “It would be scary pushing people not to commit murder since they know what the outcome would be, making it a deterrent "The crime control model of criminal justice believes that the death penalty should be”.