Herbert L. Packer was a law professor at Stanford University. His best articles were the “Two Models of the Criminal Process” , and The Limits of the Criminal Sanction the two models are the “crime control model,” which protects the rights of citizens and the “due process model,” which protects the rights of the accused. In the book The Limits of the Criminal Sanction, it best describes the criminal justice process in the United States and the constant consequence of rivalry between the two value systems ‘the crime control model’ and the ‘due process model’.
Professor Packer’s model of the U. S. criminal justice process is the one primary eternal model used for predictions on the future directions of criminal and juvenile justice systems. The Crime Control Model is the most important function of the criminal justice system to punish and detour criminal conduct. (Packer, 1968) The two models of crime that have been conflicting each other for years are the due process model and the crime control model.
The due process model is the belief that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. Packer, 1968) Some of the differences between the due process model and the crime control model are in the due process model people that are arrested are perceived to be innocent until proven in a court of law. The crime control model believes that the people that are arrested are guilty and need to be punished by the government. Another difference with both models is the due process model believes that policing within the criminal justice system is essential to maintaining justice within society.
The crime control model believes that the arresting of people in the criminal justice system has a negative effect and slows down the process of the criminal justice system. One more difference is the due process model believes in the rights of the defendants and proving their guilt is essential to keep the government in control. The crime control model believes that the rights of the defendant cost too much and the criminal justice system should be spending more money on recruiting police officers and building prisons. Although both models have some differences, they also have some similarities.
