The Role of Due Process and Crime Control Models on Criminal Procedure
Fourteenth Amendment
The Fourteenth Amendment states that: (1) a person who is born or naturalized in the United States is a citizen of the State in which he resides and of the United States, regardless of race, (2) no State has the right to abridge the “privileges and immunities” of any its citizens, (3) no person can be deprived of life, liberty, or property without due process of law, and (4) every person is entitled to equal protection under the laws of the United States Constitution.
Therefore, the rights granted and protected under the Bill of Rights are further protected through the Fourteenth Amendment, especially those rights directly associated with due process of law, i.e., the Fourth, Fith and Sixth amendments.
Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The United States Constitution
The Fourth Amendment is associated with three elements: (1) the exclusionary rule, warrrantless search, and the right to privacy. The exclusionary rule aplies during court proceedings, where it barrs the admission of any evidence that was procured by law enforcement officers without a warrant in violation of the Fourth Amendment. Warranless searches are allowed under limited circumstances, either when an officer witnesses the commission of a misdemanor or crime, or when the officer has reasonable cause to believe that the suspect is in the process of, or has recently committed, a felony. The right to be secure in their persons suggests a right to privacy.
Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” The United States Constitution
The Fifth Amendment is associated with five elements: (1) indictment by a grand jury, (2) double jeopardy, (3) pleading the fifth, (4) the Miranda Rule, and (5) the Taking Clause. A person may not be brought to trial for a felony without prior indictment by a grand jury; and, if a person is brought to trial and is acquitted, that person may not be tried again for the same crime. During the trial, the Fifth Amendment protects the defendant against self-incrimination, and cannot be forced to testify against himself. A person is also protected by the Miranda Rule against self-incrimination at the time of the arrest; the person has the right to remain silent. The Taking Clause protects a citizen’s property against seizure by the government.
Sixth Amendment
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” The United States Constitution
The Sixth Amendment protects five rights: (1) the right to a speedy trial, (2) the right to a public trial, (3) the right to an impartial jury, (4) the right to be confronted with witnesses, and (5) the right to an attorney to defend against a felony. If a person is indicted by a grand jury and must go to trial, that person has the right to be brought to trial in a timely manner, and not have to suffer incarceration while awaiting trial. The trial must be open to the public, which, though humbling, can also serve as oversight of the proceedings. The jury that tries the defendant must not be biased or prejudiced against the defendant, and any witnesses who testifies against the defendant must do so in the defendant’s precense. Finally, if the defendant cannot afford it, the court needs to appoint legal counsel.
Table 1. Due Process v. Crime Control Model
Amendment
Crime Control Model
IV
the exclusionary rule
right to privacy
warrantless search
V
double jeopardy
“pleading the fifth”
Miranda Rule
Taking Clause
double jeopardy exceptions (e.g., state charges v. federal charges)
VI
right to a speedy trial
right to a public trial
right to an impartial jury
right to be confronted with witnesses
right to counsel
XIV
protects the rights under the IV, V, and VI amendments
The law of criminal procedure has two very important functions: (1) to enforce the law, and (2) to protect the rights of the citizens. It follows that there are thus two competing legal concepts that underlie criminal procedure policy: the Due Process concept, and the Crime Control concept (Packer, 1968).
Our criminal justice system is based on the concept that a person who has been accused of crime is innocent until proven guilty. The Due Process model adheres to this belief and its main concern is to protect the Constitutional rights of a person that has been accused of a crime, and to do so throughout the entire legal process, from arrest through the end of trial. For example, the Fourth Amendment protects the citizen’s person and property before the arrest, the Miranda Rule protects the rights of the accused at the time of arrest, an the exclusionary rule protects the rights of the defendant at trial. The ultimate goal of the Due Process model is to protect the rights of the accused through laws that restrict the scope of the duties of the police, courts, and corrections in upholding the law (FindLaw).
In contrast, the Crime Control Model is concerned with the prevention of crime and aims to enforce the law through the strictest punishments. The underlying concept of the crime control model is that the most important function of the criminal justice process is to punish the criminal and deter criminal conduct. It necessarily follows that this model results in higher arrests and convictions rates than the Due Process Model. Nevertheless, the focus of the Crime Control Model is deterrence not incarceration, so it operates under a premise that in time deterrence would cause a drop in the number of arrests and convictions. The ultimate goal under the Crime Control Model is to create a safe society that is free of crime (Findlaw). In essence, the Due Process Model operates under a concept of innocent until proven guilty, whereas the Crime Control Model operates under a presumption of guilt.
References
FindLaw. Access at: http://www.findlaw.com/casecode/constitution/
Packer, H. (1968). The limits of the criminal sanction. Palo Alto, CA: Stanford University
Press.
United States Constitution. Access at: http://www.usconstitution.net/const.html
