The due process model and the crime control model have been debated. The due process model is an ideal type used to capture one side in the debate over the central values or practices of the criminal justice system. Public Health Model looks at crime affecting public health. Due process model emphasizes the need to reform people through rehabilitation and rehabilitative ideal. The purpose of Crime Control Model is to reduce the number of criminals on the street.
The purpose of Due Process Model is to ensure that the rights of the defendant are protected. Due Process Model achieves this by limiting and controlling the powers of the police and limiting the discretion and the activities of Crown Prosecutors and Judges. The outcomes of Due Process Model are that it protect a citizen from the powers of the state and provides fairness, equality, and justice for all.
The due process model gives priority to values and practices that protect the rights of the offenders from the coercive power of the state. This due process model protection would include strict regulation of police enforcement, independent and impartial judicial process (due process), and imposition of proportional and justifiable punishment.
The due process model starts with "skepticism about the morality and utility of the criminal sanction" especially in relation to "victimless crimes" based on consensual transactions. This skepticism is based on the liberal values of "the primacy of the individual and the complementary concept of limitation on official power" and concerns about the intrusive policing required to enforce drug, obscenity, and prostitution laws.
The due process model is based on the doctrine of legal guilt and the presumption of innocence. Due process model supporters argue that pretrial detention should be used sparingly if at all, and that people should be entitled to remain free until they are found guilty unless they pose a threat to society.
Due Process Model is a negative model asserting limits on the nature of official power and on the modes of its exercise. Due process model enthusiasts also argue for the elimination of the grand jury, which they say has become a rubber stamp for prosecutors.
Validating authority Due Process Model is judicial and requires an appeal to the law of the Constitution. To the extent that tensions between the two models are resolved by deference to the Due Process Model, the authoritative force at work is the judicial power.
Statements reinforcing the Due Process Model come from the courts and at the same time facts denying it are established by the police and prosecutors. The strength of Due Process Model is that in our system the appeal to the Constitution provides the last and overriding word. The weakness of Due Process Model is that saying no in specific cases is an exercise in futility.
Due Process for the
Global Crime Age: A Proposal
Due Process vs. Crime Control Model
Two models of crime: the due
process model and the crime control model have been debated for a long time.
The courts generally prefer the
due process model because the due process model equally favours all citizens, even the
criminally accused, by securing their rights and freedom. Due process model assures that
all individuals rights are protected as stated in the Bill of rights.
and Occupation: Due Process for "Insurgency Control"?" - Sebba,
Leslie. Presented at the annual meeting of the The Law and Society Association, May 27,