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Herbert L. Packer’s heuristic tool is comprised of two normative patterns: the crime control model and the due process model. The crime control model emphasizes the repression of crime as the most important function of the criminal justice system, and the due process model values the freedom of individual citizens from unjust acts committed by the state. In your opinion, should criminal justice swing toward the crime control model or the due process model? Explain your answer.

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Herbert L. Packer’s crime control model and due process model are two competing philosophies of criminal justice. The crime control model emphasizes the repression of crime, while the due process model values the freedom of individual citizens from unjust acts committed by the state.

In my opinion, the criminal justice system should swing towards the due process model. The crime control model can lead to a number of problems, such as mass incarceration, wrongful convictions, and the erosion of civil liberties. The due process model, on the other hand, is designed to protect the rights of individuals and ensure that the criminal justice system is fair and just.

Here are some of the problems with the crime control model:

  • Mass incarceration: The crime control model has led to mass incarceration in the United States. The United States has the highest incarceration rate in the world, with over 2 million people in prison or jail. This mass incarceration has had a number of negative consequences, including the separation of families, the loss of jobs, and the increased risk of recidivism.

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  • Wrongful convictions: The crime control model can also lead to wrongful convictions. This is because the focus on conviction rates can lead to shortcuts being taken in the investigation and prosecution of cases. For example, law enforcement officials may be more likely to focus on suspects who are easy to target, such as people of color or people with mental illness. They may also be more likely to ignore evidence that contradicts their theory of the case.
  • Erosion of civil liberties: The crime control model can also lead to the erosion of civil liberties. This is because the focus on repression can lead to the government infringing on the rights of individuals, such as the right to free speech, the right to due process, and the right to privacy.

The due process model is designed to protect the rights of individuals and ensure that the criminal justice system is fair and just. Here are some of the benefits of the due process model:

  • Protects the rights of individuals: The due process model protects the rights of individuals by ensuring that they are treated fairly and justly throughout the criminal justice process. This includes the right to a speedy and public trial, the right to be represented by an attorney, the right to confront witnesses, and the right to remain silent.
  • Reduces the risk of wrongful convictions: The due process model reduces the risk of wrongful convictions by requiring law enforcement officials to follow strict procedures and by ensuring that the accused has a fair trial. This includes the right to a jury trial, the right to cross-examine witnesses, and the right to present evidence in their own defense.
  • Protects civil liberties: The due process model protects civil liberties by ensuring that the government does not infringe on the rights of individuals, such as the right to free speech, the right to due process, and the right to privacy.

In conclusion, I believe that the criminal justice system should swing towards the due process model. The due process model is designed to protect the rights of individuals and ensure that the criminal justice system is fair and just. This is important because it helps to prevent mass incarceration, wrongful convictions, and the erosion of civil liberties.

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