CCP CHAPTER 2 NOTES

INTRODUCTION

• A number of different models explain criminal justice operations in the United States.

• Two primary models proposed by Herbert Packer:

  • Crime Control Model

  • Due Process Model

• Packer published "The Limits of the Criminal Sanction" in 1968, focusing on these two models.

• Key Points about Packer's Models:

  • They are prototypes or ideal types, i.e., not necessarily found in their purest form in reality.

  • They provide different viewpoints for interpreting how the criminal justice system operates.

  • Often characterized as "conservative" (crime control) versus "liberal" (due process).

  • Real-world policies might contain elements of both models, serving various and sometimes competing purposes.

THE CRIME CONTROL MODEL

• Basic Viewpoint: Protecting the welfare of the majority is prioritized over the rights of individuals.

• Public Safety Concern:

  • Advocates believe individual safety is tied to societal safety.

  • Supports crime suppression efforts.

  • Police should prevent crimes; when prevention fails, they investigate and apprehend offenders.

  • Advocates for vigorous prosecution to maintain law’s deterrent effect.

• Efficiency Focus:

  • Crime control model values the swift, sure, and accurate operation of the legal system.

  • Heavy reliance on police and prosecutors to manage crime.

  • Law enforcement functions seen as a "thin blue line" against anarchy.

  • Most police time is spent on order maintenance and public service, not just crime fighting.

• Key Features of the Crime Control Model:

  • Emphasis on efficiency and finality in case resolution.

  • Packer (1968) Quote: “There must then be a premium on speed and finality. Speed…depends on informality and on uniformity; finality depends on minimizing the occasions for challenge.”

  • Encourages plea bargaining and minimizes legal challenges.

  • Assembly-Line Justice:

  • Rapid case processing by courts likened to an assembly line.

  • Courts carry a heavy caseload, processing most civil and criminal cases.

  • Aim for maximum case processing efficiency, reliability, and productivity.

• Courtroom Work Group:

  • Composed of judges, prosecutors, and defense attorneys.

  • Work together to expedite case processing and promote cooperation.

  • Shared understanding of appropriate sanctions facilitates the assembly-line approach.

• Presumption of Guilt (Factual Guilt):

  • Assumes most defendants are guilty until proven innocent.

  • Comprehended through hypothetical examples, illustrating a high level of factual guilt.

  • Realization of actual innocence can be challenged later, but the progression moves rapidly toward a guilty plea or verdict.

THE DUE PROCESS MODEL

• Defined by Sheppard (2012) as involving constitutional rights that cannot be infringed without due cause or appropriate procedures.

• Constitutional Basis: Found in the Fifth and Fourteenth Amendments.

  • Fifth Amendment: “No person shall be… deprived of life, liberty, or property without due process of law.”

  • Fourteenth Amendment: “No State… shall deprive any person of life, liberty, or property, without due process of law.”

• Due Process Components:

  • Substantive Due Process: Laws must be both fair and promote legitimate governmental purposes.

  • Procedural Due Process:

  • Governs how laws are applied fairly.

  • Involves rules about admissions and confessions, right to counsel, and fair trial access.

  • Packer (1968) emphasized importance placed on protecting the innocent over convicting the guilty.

• Contrasting Viewpoints:

  • Crime control model emphasizes efficiency; due process model prioritizes truth-seeking and fair legal process.

  • Notion of “It is better for ten guilty people to go free than for one innocent person to go to prison.”

• Legal Guilt vs. Factual Guilt:

  • Due process model presumes innocence until proven guilty beyond a reasonable doubt.

  • Legal guilt is not a prediction; guilt is affirmed only after evidence is presented in court.

THE PRACTICAL DIFFERENCES BETWEEN THE MODELS

• Development of Policies:

  • Criminal justice policies reflect either crime control or due process ideologies.

  • Consider how policies enacted align with either viewpoint.

  • Crime control orientation regarded as conservative, while due process reflects liberal views.

• Historical Context:

  • Since the 1960s, crime control policies have been prevalent in the U.S.

  • Nixon targeted crime as a key political issue in 1968.

  • Significant legislation includes:

  • Omnibus Crime Control and Safe Streets Act of 1968

    • Provided federal funding for state & local law enforcement.

    • Initiated the Law Enforcement Education Program (LEEP), increasing law enforcement degrees.

• Recent Crime Control Policies:

  • Bill Clinton's presidency featured strict crime control legislation.

  • 1994 Violent Crime Control and Law Enforcement Act.

  • 1996 Antiterrorism and Effective Death Penalty Act.

  • Increased prison populations during Clinton's presidency highlighted a shift.

• War on Drugs:

  • Shift in focus from crime to drug enforcement under Presidents Reagan and Bush.

  • Increased funding for law enforcement compared to treatment.

• Sentencing Reforms:

  • Transition from indeterminate to determinate sentences, reducing parole discretion.

  • Development of sentencing guidelines aimed at minimizing disparities and enhancing predictability.

  • Growth of the prison population amid declining crime rates calls for critical evaluation.

• Influence on Juvenile Justice:

  • Changes in juvenile systems mirror crime control philosophies.

  • Initiatives to lower ages for adult trials and harsher penalties implemented against juveniles.

• Death Penalty Context:

  • U.S. Supreme Court rulings restrict the application of the death penalty.

DUE PROCESS MODEL POLICIES

• The due process model remains relevant despite dominance of the crime control model.

• Primary Era of the Due Process Model:

  • Flourished during the Earl Warren Supreme Court (1953–1969).

  • Landmark cases expanded defendants' due process rights.

• Current Status:

  • Supreme Court still protects due process, although at varying levels.

  • Some state courts apply more protective standards than the Supreme Court mandates.

• State Examples:

  • State courts actively enforce their constitutions that can provide broader protections than federal mandates.

• Key Illustrations of Due Process Vitality:

  • Determinate sentencing reduces disparity based on race and other irrelevant factors.

  • The Office of Juvenile Justice and Delinquency Prevention works to address disproportionate minority contact.

  • Increased focus on preventing wrongful convictions and correcting errors in the criminal justice system.

CONCLUSIONS

• Packer's models reveal dual perspectives of criminal justice processes.

• Blend of Models:

  • Neither crime control nor due process model exists in pure form; they coexist in hybrid forms across jurisdictions.

• Historical Shift:

  • Trend towards crime control persisted post-1968 with various governmental influences.

• Future Directions:

  • Growing interest in rehabilitative approaches and reform indicates evolving dynamics between these models.