Criminal Procedure Policy

Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free.
Ronald Reagan

I am going to discuss due process and various crime control models relating to criminal procedure policy. The Fourth, Fifth, Sixth, and Fourteenth Amendment will be explained regarding their role in criminal procedure policies as well. Lastly I will discuss the Bill of Rights and the relevance to the states through the Fourteenth Amendment.
Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land, protecting individual persons from the state. Due process is protected as part of our Fifth Amendment rights. Under the Due process model the most important function of criminal justice should be to provide due process or fundamental fairness under the law. The focus in this model is aimed on the defendant’s protected rights under the Bill of Rights and the belief is that police power should be highly limited to prevent oppression of the individual person. The government shouldn't hold a person guilty solely on the basis of the facts; a person should be found guilty only if the government follows legal procedures in its fact-finding. The due process model has been referred to as an “obstacle course”. (Cliff’s notes 2009)
The Crime control model suggests that the repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society. Also, this model favors victim’s rights over the rights of the defendant, and anything that complicates matters for police should be eliminated. The accused is often thought of as guilty already in this model and the justice system is thought of as a conveyor built of justice, swiftly moving the defendants along to their case disposition. The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused. (Cliff’s notes 2009)
The crime control model has more of a conservative basis than that of the due process model which has a liberal value to it. The law can only extend its arms so far. They cannot abuse their powers and must keep in mind that people have the right to a reasonable amount of privacy under the Constitution. There is a delicate balance in trying to respect the individual’s privacy and rights that we all have as United States citizens and also keeping the public safe at the same time.
Crime control model is based on factual guilt whereas the due process model is based on actual guilt. The Crime Control Model seems to be run like a dictatorship. It seems like a method that may have started out with good intentions only to not work out that way in the end. Within the Crime Control Model there is no innocence until proven, and the police and prosecutors are always deemed to be right. Justice seems to hang on the edge of impeding on civil rights violations as well as many and freedoms that we hold dear as Americans. (Misha, 2005)
The Fourteenth Amendment states all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment means a lot of different things for different people. For some people it justifies same sex marriage, for others it holds a more conservative meaning. Personally I interpret the Fourteenth Amendment as a guarantee put in place by our founding fathers and drafters of the Constitution and Bill of Rights that grants individuals who are citizens the rights to be secure. Basically that being a lawful citizen should allow us the rights to be safe and secure in the knowledge that due process and equality are on our side and we may not be unfairly subjected to radical action by law enforcement or any member of the criminal justice system.
The Fourth Amendment is 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 place to be searched, and the persons or things to be seized. This should always be upheld and not taken for granted or superseded by things such as the USA PATRIOT Act.
The Fifth Amendment is no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor 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; nor shall private property be taken for public use, without just compensation.
The Sixth Amendment is In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Both models that I have mentioned are effective in the criminal justice system in their own ways and both bring positive and negative aspects to the criminal justice system. I believe that it is never acceptable to treat criminals or defendants as second class citizens as we all have certain rights as human beings. The uniform treatment should always be innocent until proven guilty by a court of law, and ideally police officers should not pass judgment on the individual before he is give a fair trial. Unfortunately things do not always happen in a fair and correct way. That is why the Constitution and The Bill of Rights are so important to have and preserve as a guideline to basic rights that we stand for in this country. We cannot give up our freedom for the promise of false security, nor can we treat those citizens that choose to break the laws inhumanely, that would not say much about us as a country. Justice can be served in a honest righteous way.