Crime Control vs Due Process Models

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the Crime Control model of criminal justice?

A theory of criminal justice which places emphasis on reducing the crime in society through increased police and prosecutor powers.

What is the Due Process model of criminal justice?

A type of justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards.

What are the differences between the Crime Control model and the Due Process model?

The major difference is that crime control works to repress criminal activity, and due process works to protect a person's rights.

Which model of Criminal Justice aligns to the American social contract and how do you know?

The Due Process model aligns to the American social contract because it focuses on securing people's rights. Signup and view all the answers

What is a plea bargain?

An agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest in exchange for an agreement by the prosecutor to drop one or more charges or reduce a charge. Signup and view all the answers

What is a mandatory minimum?

Mandatory minimum sentencing laws set minimum sentences for certain crimes that judges cannot lower, even for extenuating circumstances. Signup and view all the answers

A police officer searches someone's house without a warrant. Which amendment has been upheld or violated?

The police have violated the 14th amendment, which requires reasonable cause and a warrant for searches. Signup and view all the answers

A police officer searches someone's house without a warrant. Which criminal justice model does this align to?

This aligns to the Crime Control model because the officer is focused on maintaining law and order. Signup and view all the answers

A prosecutor tells a defendant that if he doesn't say he committed a crime, he'll be given the maximum penalty. Which amendment has been upheld or violated?

He has violated the 5th and 6th amendments, which protect against self-incrimination and ensure the right to legal counsel. Signup and view all the answers

A prosecutor tells a defendant that if he doesn't say he committed a crime, he'll be given the maximum penalty. Which model of criminal justice does this align to?

This aligns to the Crime Control model. Signup and view all the answers

A person accused of theft can't afford a lawyer, so the court provides one for her. Which amendment has been upheld or violated?

The 6th amendment has been upheld, ensuring the right to a lawyer. Signup and view all the answers

A person accused of theft can't afford a lawyer, so the court provides one for her. Which model of criminal justice does this align to?

This aligns with the Due Process model. Signup and view all the answers

A 15-year-old is convicted of multiple accounts of assault and theft related to drug trafficking but can be given life in prison without parole because it would be cruel and unusual punishment for someone under 18. Which amendment has been upheld or violated?

The 8th amendment has been upheld, protecting against cruel and unusual punishment. Signup and view all the answers

A 15-year-old is convicted of multiple accounts of assault and theft related to drug trafficking but can be given life in prison without parole because it would be cruel and unusual punishment for someone under 18. Which model of criminal justice does this align to?

This aligns with the Due Process model. Signup and view all the answers

The mayor of New York says police officers can only use stop and frisk if they stop people of all races, ethnicities, and genders. Which amendment has been upheld or violated?

The 4th amendment has been upheld, requiring reasonable cause and a warrant for searches. Signup and view all the answers

The mayor of New York says police officers can only use stop and frisk if they stop people of all races, ethnicities, and genders. Which model of criminal justice does this align to?

This aligns to the Due Process model. Signup and view all the answers

Study Notes

Crime Control Model

Focuses on reducing crime through enhanced police and prosecutor powers.
Prioritizes the repression of criminal activity over individual rights.

Due Process Model

Centers on the protection of individuals' rights and freedoms.
Asserts that citizens cannot be deprived of life, liberty, or property without proper legal procedures.

Key Differences

Crime Control model emphasizes law enforcement efficiency and public safety.
Due Process model prioritizes safeguarding individual constitutional rights and fair legal processes.

Aligns with the Due Process model, which emphasizes securing citizens' rights.
Reflects the foundational belief in protecting personal liberties within the justice system.

Plea Bargain

An agreement between a defendant and prosecutor.
Involves the defendant pleading guilty in exchange for leniency in charge severity or dismissal of additional charges.

Mandatory Minimum Sentencing

Establishes predetermined minimum sentences for specific crimes, typically drug-related.
Judges cannot reduce these sentences even in cases with extenuating circumstances.

Search Without Warrant

A police officer conducting a warrantless search violates the 14th Amendment's requirement for reasonable cause.
This practice is consistent with the Crime Control model, emphasizing order over individual rights.

Coercion in Prosecution

Threatening maximum penalties for silence infringes on the 5th and 6th Amendments regarding due process and legal representation.
This approach is representative of the Crime Control model's focus on achieving convictions.

Right to Counsel

Courts providing legal representation for defendants who cannot afford it uphold the 6th Amendment.
This practice is aligned with the Due Process model, ensuring fair trial rights.

Juvenile Sentencing

The 8th Amendment protects minors from cruel and unusual punishment, prohibiting life sentences without parole for those under 18.
This maintains alignment with the Due Process model, prioritizing humane treatment.

Police Conduct and Racial Equity

Ensuring stop-and-frisk policies are applied uniformly upholds the 4th Amendment, requiring reasonable cause for searches.
This approach aligns with the Due Process model and promotes equitable application of law enforcement practices.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the fundamental differences between the Crime Control Model and the Due Process Model in the American justice system. It emphasizes the priorities of crime reduction versus the safeguarding of individual rights, as well as concepts like plea bargaining and mandatory minimum sentencing.