Crime Control and Due Process in the United States

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Criminal Justice Goal - Ultimate goal of convicting the guilty while protecting the innocent by limiting governmental power and respecting individual rights.

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Crime Control and Due Process in the United States

  1. 1. Values Under l ying Crime Control & Due Pr ocess Models Herbert Packer’s Two Models of the United States Criminal Justice Process •Crime Control Model •Due Process Model Dr. Robelyn A. Garcia (Cole & Gertz, 2013 ) 1
  2. 2. T he Crime Control Model Criminal Justice Goal • Ultimate goal of repression of criminal behavior by apprehension, conviction, and punishment of offenders. (Packer, 1968 ) Robelyn A. Garcia 2
  3. 3. T he Inherent Value System Under lying the Crime Contr ol Model Conservative Political Values • Expedited criminal justice processing of offenders for achievement of justice. • Factual guilt: assumption that someone arrested and charged is most likely guilty. (Bohm & Haley, 2008 ) Robelyn A. Garcia 3
  4. 4. T he Due Process Model Criminal Justice Goal • Ultimate goal of convicting the guilty while protecting the innocent by limiting governmental power and respecting individual rights. (Packer, 1968 ) Robelyn A. Garcia 4
  5. 5. T he Inher ent Value Systems Under lying the Due Process Model Liberal Political Values • Insistence on the formal structure of the law to preserve the dignity and autonomy of the accused and the justice system. • Legal guilt: assumption that a person is innocent until proven guilty beyond a reasonable doubt. (Bohm & Haley, 2008 ) Robelyn A. Garcia 5
  6. 6. Crime Control vs Due Pr ocess •Crime Control Model is characterized as Assembly-Line justice for processing an endless stream of cases very quickly. •Due Process Model is characterized as Obstacle-Course justice for presenting various obstacles to prevent wrongful convictions of the innocent. (Ferdico, Fradella, & Totten, 2013) Robelyn A. Garcia 6
  7. 7. Crime Control vs Due Pr ocess Polar Values •Crime Control Model reflects authoritarian values through certainty. •Due Process Model reflects antiauthoritarian values through skepticism. (Packer, 1968 ) Robelyn A. Garcia 7
  8. 8. Inte g r ated Spectr um of Crime Control and Due Pr ocess l • Neither model completely controls the criminal justice process. Therefore, polarity is integrated, not absolute. • The dominant model at a particular time depends on the political climate. (Packer, 1968 ) Robelyn A. Garcia 8
  9. 9. Inte g r ated Spectr um of Crime Control and Due Pr ocess “Neither is presented as either corresponding to reality or representing the ideal to the exclusion of the other. The two models merely afford… a series of resolutions of the tensions between competing claims” (Parker, 1968, p. 6). Robelyn A. Garcia 9
  10. 10. Summar y - Policy Implications of the Crime Control and Due Pr ocess Models • A Crime Control Model emphasis will increase plea bargaining while offering no appeal opportunities. • A Due Process Model emphasis will increase jury trials while preventing tyranny and providing the accused full opportunity to show innocence. (Packer, 1968 ) 10
  11. 11. TV News, Fear of Crime and Reality of Crime Criminologists Chiricos, Padgett, and Gertz (2000) found that TV news correlates to the “fear of crime independent of the effects of the reality of crime” (p. 755). Despite this finding, it was also revealed that local TV news had a much stronger effect on the fear of crime, especially for viewers that live in high crime communities or have been a recent victim of crime (Chiricos et al., 2000). The past experiences, residential locations, and social circumstances of TV viewers' everyday lives influence the relationship of TV news and fear of crime through the realism of becoming a crime victim. Based on the results of this study, the TV news and fear of crime relationship is most positively correlated “when it resonates the experience or crime reality of respondents” (Chiricos et al., 2000). The media is highly skilled at reporting news stories that are very influential and persuasive about crime and crime rates. It seems the most misrepresented segment of media today is TV news (Easley, 2013). TV news story headlines are often filled with the latest crime reports and statistics. Deceptive editing, biased reporting, and misleading graphic statistics are some of the controversial issues you see on TV news. Journalists from Fox TV News are frontrunners in presenting misleading crime reports to the public. The Fox News statisticians are highly trained at using graphics in the media to influence and induce fear in viewers (Leek, 2012). TV viewers should be aware of TV news tactics so they can be well informed and not a victim of sensational and exaggerated reporting. Robelyn A. Garcia 11
  12. 12. References Bohm, R. M. & Haley, K. N. (2008). Introduction to Criminal Justice. 5th edition. Boston, MA: McGraw-Hill Higher Education. Chiricos, T., Padgett, K., & Gertz, M. ( 2000). Fear, TV news and the reality of crime. Criminology, 38, 755-785. Cole, G. F. & Gertz, M. C. (2013). The Criminal Justice System: Politics and Policies. 10th edition. Belmont, CA: Wadsworth. Easley, Jason. (2013, Jan 28). Fox News Uses Edited Obama Clip to Attack the President for Media Bias. PoliticusUSA Website. Retrieved Aug, 23 2013 from http://www.politicususa.com/fox-news-proves-obamas.html Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2013). Criminal Procedure for the Criminal Justice Professional. 11th Edition. Belmont, CA: Wadsworth Cengage Learning. Leek, Jeff. (2012). The statisticians at Fox News use classic and novel graphical techniques to lead with data. November 26, 2012. Retrieved Aug, 23 2013 from http://simplystatistics.org Parker, H. (1968). Two Models of the Criminal Process. In Cole, G. F. & Gertz, M. C. (pp. 6-21). The Criminal Justice System: Politics and Policies . 10th edition. Belmont, CA: Wadsworth. Robelyn A. Garcia 12

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