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3 pages in length. The writer briefly discusses the impact due process and crime control models have had upon criminal procedure policy. Bibliography lists 1 source.
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3 pages (~225 words per page)
File: LM1_TLCDuePrCrm.rtf
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Unformatted sample text from the term paper:
has worked toward addressing all facets that, when played out in appropriate order, reflect the fundamental principles of criminal justice. Americas criminal justice system, which originated from the tenets
of Greek law, adheres to four different yet integral aspects: law enforcement, prosecution, judiciary and corrections. The extent to which due process and crime control models are critical components
of this overall system speaks to the very foundation upon which criminal justice is based. "The Due Process Model insists on legal guilt, whereas the Crime Control Model stresses
factual guilt. The concept of legal guilt pervades the formal legal and trial process: no matter how factually guilty a person, there can be no conviction and punishment unless
a court has jurisdiction, unless the prosecution occurs within the period of the statute of limitations, unless the offender is lawfully responsible..." (Zalman, 2002, p. 13).
The appearance of due process on Americas criminal procedure timeline was during the African-American struggle for freedom. The extension of suffrage to black males was
a combined social and political move by the Republicans in Congress who believed that blacks would form the backbone of the southern Republican Party. Black suffrage would prevent southern
Democrats from winning elections in southern states, as well as uphold the Republican majority in Congress after the southern states rejoined the Union. In order to achieve these goals,
Congress passed the 14th Amendment declaring that all persons born or naturalized in the United States were inherent citizens of their states; additionally, no state could override their rights without
due process of law. This effectively nullified the Dred Scott decision that declared blacks were not citizens. Critics of due process agree
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