To help us think about how the criminal justice system reflects the priorities of patrons, some authors have developed so-called two models of the criminal justice system. Two models include the crime process model and the DUE process model.
These should not be seen as direct representatives of specific criminal justice systems but as characteristics of criminal justice systems that reflect specific priorities and values.
In this article, we are going to see what the DUE process accounts for…
Table of Contents
What Is The Main Idea Of The DUE Process Model?
The main idea of the DUE crime control model is to reflect liberal values.
What Is The Basic DUE Process Model Definition?
The important function of this model is to ensure a fair and equitable criminal justice system for all and a system that does not violate constitutional rights. Moreover, the model claims that the system should be like an “obstacle course” rather than a “conveyor.” The protection of human rights and freedoms is of great importance and is often more in line with liberal views.
What is Herbert Packer DUE Process Model?
In the 1960s, attorney Herbert L. Packer took the first step towards shaping criminal procedure policy that exceeded the expectations of the criminal justice process. His model consists of the following arguments:
- Ensuring fundamental justice under criminal law.
- Criminal justice should focus on the defendant’s rights.
- The power of the police should be restricted to prevent the official suppression of individuals.
- Criminal justice authorities should hold accountable rules and procedures to ensure consistent judicial procedures.
- The government should not find a person guilty based on facts alone.
Why is The DUE process Model Important?
As one of the most basic and essential rights that all of us have, “fair practice” has frequently appeared in the news recently. For instance, NFL players who have been suspended or fined for domestic violence, child abuse or any other claim then there should be a “due process” before losing their job or income.
Government officials, the supreme court, law enforcement agencies, and university administrations are all working to address the problem of sexual assault in all states, trying to balance the need to protected victims under state rights. Of those accused of committing the offence, these rights save victims’ education and future.
When you are accused of a crime, all the protection of your rights, from legal counsel to silence to the jury, falls under the term “due process.” This is a “due process” designed to protect the defendant from passion and prejudice and to ensure that anyone prosecuted by the state can fully and adequately defend themselves.
How Does the DUE Process Model Work?
This criminal model aims to ensure a fair and equitable criminal process for everyone including a criminal system that respects constitutional rights. Moreover, the model claims that the system should look more like an “obstacle course” than a “conveyor”. The protection of human rights and freedoms is of great importance and is often more in line with liberal views.
Let us understand its working with an example:
Murder In The Gym
Considering the murder of hall performance as an example, the right model procedural safeguards that look after all formal legal practices provided for this matter to attract the responsible killer to shoot. The goal is not to act quickly, but smartly. As the Notice of Rights protects the rights of the accused, the criminal justice system would focus on those rights, not on the rights of the victim that is not on a list.
In addition, restricting the powers of the police will have a positive factor in preventing harassment and lawbreaking. The principles, legal procedures and guidelines contained in the Constitution should constitute the backbone of the criminal justice system, and the fight against crime will be of a secondary nature. The blame will be determined based on the facts and if the government has lawfully followed the legal technicalities. If the police have searched the homes of athletes without a warrant and collected evidence, the evidence must be inadmissible, even if it means they cannot win the case.
Conclusion
In the 1960s, lawyer Herbert L. Packer created models that exceeded the expectations of the criminal justice system. These two models have competing ideologies in criminal justice. In this article, we discuss every aspect of the DUE process model including citizens values in the criminal justice system.
The DUE process model focuses on the rights of the accused and the procedures in which such individuals are processed in the criminal justice system.