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Crime Control v Due Process. Crime Control/Due Process. Both embrace constitutional values. Crime Control. Prior to the 1960s See it again starting in the 80s and 90s. Back again after 9/11. Crime Control. Criminal justice system exists to reduce crime for the good of the whole society.
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Crime Control/Due Process • Both embrace constitutional values
Crime Control • Prior to the 1960s • See it again starting in the 80s and 90s. • Back again after 9/11
Crime Control • Criminal justice system exists to reduce crime for the good of the whole society
Crime Control • “Presumption of Guilt” • Those wrapped up in the criminal justice system are probably guilty
Crime Control • Limits the amount of appeals and plea bargaining
Crime Control • Assumes police and prosecutors are right
Due Process Model • 1960s • More protection for individuals • Bill of Rights applied to states
Due Process • Doesn’t assume police are always correct in their fact finding
Due Process • Leaves room for errors/appeals
Due Process • Does not want to risk prosecuting an innocent person
Due Process • Mission is to guarantee fair procedures for every individual caught up in the system • More important to guarantee the right of individuals to fair procedures than to catch criminals.