The Due Process Model is a conceptualization of the criminal justice system developed by Herbert Packer that is characterized by an emphasis on protecting civil liberties.
Compare with the Crime Control Model.
The Due Process Model is one of two conceptualizations of the criminal justice system developed by Herbert Packer. The model emphasizes the importance of protecting the constitutional rights of individuals accused of crimes. According to the Due Process Model, the criminal justice system should focus on protecting civil liberties rather than solely on crime control.
In the Due Process Model, the defendant is presumed innocent until proven guilty beyond a reasonable doubt. This means that the burden of proof lies with the prosecution to prove that the defendant committed the crime. The model emphasizes the importance of ensuring that the defendant is treated fairly throughout the criminal justice process, from arrest to trial and sentencing.
The Due Process Model prioritizes procedural protections, such as the right to counsel, the right to a fair trial, and the right to confront witnesses. These protections are intended to ensure that defendants receive a fair and impartial trial and that their rights are not violated in the process.
The model also emphasizes the importance of checks and balances within the criminal justice system. This includes the role of the judiciary in ensuring that the rights of defendants are protected and the role of the defense attorney in advocating for their client’s rights and ensuring that the prosecution meets its burden of proof.
The Due Process Model has important implications for the criminal justice system, particularly in the area of criminal procedure. For example, the model has influenced the development of rules of evidence that govern what evidence can be admitted at trial. The model also supports the use of pretrial motions, such as motions to suppress evidence obtained through unconstitutional means.
The Due Process Model has been criticized for prioritizing procedural protections at the expense of public safety. Critics argue that the model can make it more difficult to secure convictions and punish criminals. Proponents of the model, however, argue that it is important to protect the constitutional rights of individuals accused of crimes, even if this sometimes results in guilty individuals going free.
In the context of the juvenile justice system, the Due Process Model emphasizes the importance of protecting the rights of juveniles who are accused of crimes. This includes the right to an attorney, the right to a fair and impartial trial, and the right to due process of law. The model has influenced the development of special procedural protections for juveniles, such as the requirement for parental or guardian consent before a juvenile can be interrogated by law enforcement.
[ Glossary ]
Last Modified: 04/08/2023