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Compare and Contrast Paper

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Submitted By khovenga9
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Pages 9
Compare and Contrast
Karen Hovenga CJA/464
August 12, 2013
Ruth Ebner

The Due Process and Crime Control Model are an account of two structures absolutely different from one another and are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime is the key value” (Neubauer, 2001, 12). When comparing the two control models their opinions differ completely in reference to the causes of crime. Additionally when comparing crime control and due process models one needs to remember, “Proponents of both models embrace constitutional values which are necessary to the kind of society in which American wish to live” (Zalman, 2008, p. 4). In addition answers will be given to questions about the effects on law enforcement, courts, and differences between federal, and state polices, and distinguishes these values. To utilize plea bargaining is controversial because of the fear that innocent defendants would take a plea and the judge would impose unduly sentences (Neubauer, 2008, p. 20). Also the criticism focuses on the deterrent effect of the punishment itself. The crime control model, court hearings have eroded the deterrent effect of punishment (Neubauer, 2009, p. 20). “Not only is the problem serious, but there is evidence that it is getting worse, suggesting that, whatever deterrent effect the criminal justice system does have, its effectiveness in deterring crime may be decreasing over time” (Barnett-Hagel, 1977). Some believe plea bargains allow the guilty to escape a lighter sentence therefore weakens the adversary system because a person is innocent until proven and every defendant has the right to trial.

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