Criminal Investigation: Crime Control and Due Process Models

The investigation of a crime is a complex and multifaceted process. The investigation may involve different tools and techniques that complement each other. Existing models in the criminal justice system include the crime control model and the due process model. Both models have their own principles of crime investigation, similarities and differences. However, the ways in which this purpose will be achieved are differ.

In the crime control model, the main task is the rapid investigation (Mallicoat, 2018). According to Reichel and Philip, “To operate successfully, the crime control model requires a high rate of apprehension and conviction following a process that emphasizes speed and finality” (p. 66). It also means that it is possible to use terms such as “probably innocent” and “probably guilty”. It is suggested that it is possible to select a large number of people without a trial and to process a large number of cases to achieve a quick outcome of the investigation.

The due process model aims at the legitimacy and consistent investigation of the crime, taking into account the individual’s rights. Unlike the crime control model, which is based on the “presumption of guilt”, the due process model is based on the “presumption of innocence” (Harding & Davies, 2018). It should be emphasized that such a model as the due process model slows down the investigation, which is its weakness. However, it has many positive aspects, such as the importance of preserving the individual’s rights.

In conclusion, it is worth emphasizing that both models have their merits. The effective use and integration of the crime control model and the due process model will allow, on the one hand, efficient and fast investigations by “probably innocent” and “probably guilty”. On the other hand, by using the due process model, the unification of the models will help reduce violations of people’s rights and legitimize the course of investigation through the courts.

References

Harding, J., & Davies, P. (2017). An Introduction to Criminal Justice. SAGE.

Mallicoat, S. L. (2018). Crime and Criminal Justice: Concepts and Controversies. SAGE Publications.

Reichel, L., & Philip L. (2017). Comparative Criminal Justice Systems: A Topical Approach – 7thed. Pearson.

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LawBirdie. (2024, January 30). Criminal Investigation: Crime Control and Due Process Models. https://lawbirdie.com/criminal-investigation-crime-control-and-due-process-models/

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"Criminal Investigation: Crime Control and Due Process Models." LawBirdie, 30 Jan. 2024, lawbirdie.com/criminal-investigation-crime-control-and-due-process-models/.

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LawBirdie. (2024) 'Criminal Investigation: Crime Control and Due Process Models'. 30 January.

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LawBirdie. 2024. "Criminal Investigation: Crime Control and Due Process Models." January 30, 2024. https://lawbirdie.com/criminal-investigation-crime-control-and-due-process-models/.

1. LawBirdie. "Criminal Investigation: Crime Control and Due Process Models." January 30, 2024. https://lawbirdie.com/criminal-investigation-crime-control-and-due-process-models/.


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LawBirdie. "Criminal Investigation: Crime Control and Due Process Models." January 30, 2024. https://lawbirdie.com/criminal-investigation-crime-control-and-due-process-models/.