Question No. 1
The Crime control model poses the presumption that the criminal law is able to control crime without accounting for the fact (Roach, 1999). Under this model, the best way to control crime is by giving a fair treatment through adversarial criminal proceedings where the accused shall be represented by a defense attorney. Defense lawyers are not expected to invoke due process rights. In the crime control model, there are assumptions that fair treatment may be necessary for effective crime control and punishment may not be necessary to control crime. This model is attained by allowing the police and prosecutors as the expert administrators, to arrest the criminals and protect the civilians by securing them as expeditiously as possible. The prosecution will work for the conviction of the criminals. The crime control model is done by the police while they make arrests on streets and station-houses (Roach, 1999). It is the police who will determine the factual guilt among those who committed the crimes. The police are authorized to perform investigative powers to arrest people for preliminary investigation and that the there is probable cause that the suspect is guilty.
The due process model has given several restraints on the police for the purpose of protecting the rights of the accused. It also reduces the informal fact-finding in the streets and station-houses by the police. Hence, there is no need for the police to arrest or detain a person in to build their case. The accused is given his Miranda rights and all communication between the police and the accused, must comply with the right to a counsel of choice, or that the accused be assigned with one. The accused should be informed of his right to remain silent. The statements of the accused must be done with the assistance of a counsel and when taken without voluntary waiver by the accused of his rights cannot be used against him. Such statements shall be inadmissible in a criminal trial in order to protect the right of the accused against self-incrimination.
The due process model does not focus on efficiency and guilty pleas when compared to the crime control model (Cole and Gertz, 2013). This model promotes equality in the sense that all accused shall be given equal treatment under the eyes of the law, regardless of social standing. Minorities and the poor shall also have the right to be afforded with the same rights such as being assisted by a counsel.
Both two models have multiple purposes since they serve as a guide for judge with regard to the actual or positive operation of the criminal justice system (Cole and Gertz, 2013). This is based on the crime control model devised by Packer which establish that majority of these cases will turn out in guilty pleas or prosecutors withdrawing the cases. On the other hand, the due process model believes in the saying that it is the law that hears before it condemns. Thus, all the cases have to go through the usual trial and appeal process. The common ground between these two models is that they provide a normative guide to the values that will influence the criminal justice system. There is an assumption that due process model is in conflict with the crime control. However, studies showed that criminal are transformed to becoming more law abiding if they are given equal treatment. Fair treatment is essential to ensure that both the crime control and punishment shall be carried out effectively.
Question No. 2
There are residents who come from the inner-city communities who believed that police force unfairly target the young black males. Many of the African-Americans believed that the police used racial-profiling techniques, by using the race of the accused in the determination of his or her guilty or innocence. Blacks were given longer jail sentences compared to the white offenders. Racial disparities can be felt in criminal sentencing which strengthened the suspicion of the presence of racial bias in the criminal justice system. Hence, it can be concluded that in the midst of the supposed crack epidemic, the real situation based on the surveys has presented that crack never threatened majority of the population since the only affected aspect of society that was hit by the epidemic are the impoverished communities such as the Latinos and the Blacks.
Considering the fact that poor people had scarce financial means to fight their addiction gives an explanation why they are lured to use and sell illicit drugs. This is aside from the fact that drug users have greater visibility in the ghettos and barrios which other users and media scrutiny. Lastly, the racial prejudices had contributed to suburban and rural fears of the American. Racial profiling leaves a demoralizing effect on the citizens because they receive unequal treatment during arrests and causes an unfavorable judgment of their case. Citizens who come from various ethnic backgrounds are worried of being subjected to humiliation by the law enforcement.
Extralegal factors including race, ethnicity, gender and social standing must not be considered as legitimate bases in arriving at a decision by the criminal justice officials.
If these extralegal factors are used to serve as the basis of a decision, it shall result to discrimination because the behavior and qualifications of the accused are disregarded
References:
Cole, G. and Gertz, M. (2013). The Criminal Justice System, 10th ed. OH: Cengage.
Roach, K. (1999). Four Models of the Criminal Process. Journal of Criminal Law &
Criminology, 89(2), 671.
