Policy Analysis III-Compare and Contrast Phillip Pitchford CJA/463 January 23, 2012 Daniel Barry “The criminal process usually starts with a stop or an arrest.

The process can end at any point up to the moment of sentencing, depending on the facts and circumstances of any particular case. You have certain rights at every stage of the criminal process. ” (Lane) The justice system over the years has relied on two models to help ensure the criminal process is just and fair. These two models have many differences, but have both had huge roles on the shaping of criminal procedure policy.The crime control model in 1968 was described by Herbert Packer as “assembly-line justice” due to the fact that an individual is presumed guilty. The due process model believes in a presumption of innocence.

Along with these models the United States constitution has also had a huge role in molding the criminal procedure policy we have today. The crime control model pertains to the theory that criminal justice places the importance on reducing criminal activity in our society. This is done with the increase of police and prosecutorial powers with less emphasis on a person’s own liberties.Most have a strong view on tough punishments for criminal behaviors are considered proponents of crime control. It is believed in this model that the main focus of criminal justice should be on protecting the victims’ rights rather than the defendants’ rights. An officers’ powers are to be expanded to make it easier to investigate, arrest, search, seize, and convict.

Discovering the truth or establishing guilt is considered to be the main objective of the crime control model.Now that the strengths and weaknesses of the crime control model have been demonstrated but what of the due process model? Due process models’ primary goal is to protect those that might be innocent from being wrongfully convicted. There are many that argue that while due process protects the rights of those accused that it ignores the victim’s rights. The due process model includes these rights for individuals:

  1. a right to be assumed innocent until proven guilty,
  2. a right against arrest without probable cause,
  3. a right against self-incrimination,
  4.  a right to an ttorney, and
  5. a right to fair questioning by the police.

This is just a small portion the rights that are guaranteed in the constitution. Packer described the due process model as an obstacle course in that unless a person poses a threat to society, he or she should be able to remain free until proven guilty. In these models as mentioned above the constitution plays a major part in the process. The United States Constitution has many functions when it comes to the criminal process.

In the constitution the fourth amendment states “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 places to be searched and the persons or things to be seized. ” (Perron) This amendment would be a supporter of the due process model because it protects the right of a suspect. The fourth amendment is great in many ways because it makes officers touch all bases before making an arrest.One mistake made in searching a suspect can be the reason a guilty person goes free. The fifth amendment states “No person … 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.

” (Criminal Procedure and the Constitution) This is something that we always see on tv when someone is in court says “I plead the fifth. ” it protects them from incriminating him or herself. When the police read a person their rights the first part is “You have the right to remain silent. because anything said can be used in a court of law. The sixth amendment grants a person the right of a speedy and public trial.

This was put in place because throughout history a person could spend many years in jail before receiving his or her trial. A speedy trial makes the prosecution work faster to find the evidence to use in court. Without this amendment the prosecution can drag the process out for years. These constitutional rights are what he keeps justice balanced and fair. Probable cause also play a huge role in the due process model.Probable cause is a very tricky part of the criminal procedure process because without cause guilty parties can possibly go free.

In an article I read the police searched the phone of a person suspected of trying to defraud a phone company out of 30 blackberry phones. The judge on the case can possibly set new ground rules when pertaining to the searching of a person’s electronic devices such as cell phones, laptops, and various other devices. Deputy district attorney Chris Feasel stated that there were very few cases involving smartphones because the law has yet to catch up with new technology.Lawyers represented the accused say that the police had no probable cause to search the cell phone.

The defense’s argument is that even though the phone was found during the initial search that the digital contents inside of the phone should not have been able to be looked at without a search warrant. This is the reason why police need to be aware of the possible setbacks that can occur when the methods of a search are put into question. The question to this article is was there enough or any probable cause for the police to be able to search the contents of the phone.The accused was already being charged with trying to defraud the cell phone company so what reason did law enforcement have to view the contents of the cell phone.

I believe that this case can be one of those that broaden the scope of what is considered ok for police to look at and what is deemed private and a search warrant will be needed in order to view. Probable cause is a part of the criminal process that will continue to evolve and change with the times. It will be up to us as a whole to play catch up in order to protect our civil rights. Mccullagh, 2010) The criminal justice process has evolved in many ways throughout this country’s history. The process will not work if questionable administrators are making the policies so they must be weeded out.

In its place we need dependable administers -- officials who show "good judgment" and carry out his or her duties using discretion by evaluating the context of each and every situation. In the end both models try to work toward the greater good so there is no wrong answer to which one is better.Bibliography

  1. Criminal Procedure and the Constitution. (n.

    d. ). Retrieved August 30, 2010, from cliffsnotes. com: http://www. cliffsnotes.

    com/study_guide/

  2. Criminal-Procedure-and-the-Constitution. topicArticleId-10065,articleId-9960. html Lane, A. (n. d.

    ).

  3. The Criminal Process: How it Works. Retrieved August 30, 2010, from Alllaw. com: http://www. alllaw.

    com/articles/criminal/article2. asp Perron, B. A. (n. d.

    ).

  4. THE CRIME CONTROLS AND DUE PROCESS MODELS. Retrieved August 30, 2010, from