Criminal Justice Goal - Ultimate goal of convicting the guilty while protecting the innocent by limiting governmental power and respecting individual rights.
Crime Control and Due Process in the United States
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 )
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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 )
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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 )
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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 )
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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 )
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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)
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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 )
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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 )
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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).
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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 )
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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.
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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.
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