Criminology: Conflict between Crime Control and Due Process Models

This essay provides a comprehensive overview of the conflict between the crime control and due process models within the criminal justice system. It begins by introducing the core concepts of these two models, as defined by Professor Herbert Packer, highlighting their contrasting philosophies and objectives. The crime control model, emphasizing swift and stringent punishment to protect society, is contrasted with the due process model, which prioritizes individual rights and rehabilitation. The essay delves into the inherent contradictions and constant conflicts between these approaches, explaining how the differing priorities can lead to miscarriages of justice. It further examines the concept of miscarriage of justice, discussing the inherent biases that can influence the system and result in wrongful convictions. The essay explores the viewpoints of both crime control and due process supporters regarding these issues and concludes by emphasizing the ongoing challenges in balancing the two models to achieve fair and effective justice.

Running head: CRIMINOLOGY
CRIMINOLOGY
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Author Note

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Introduction
The substantive operations in the criminal law are provided with context by way of
the processes in the criminal justice system. In the theories for understanding the system of
criminal justice multiple approaches can be seen as being discussed for the description of
crime (Schmalleger, 2017). Two such approaches had been discussed by the renowned
professor Herbert Packer. The first approach to criminal justice system is the crime control
model. The crime control model is considered to be one of the conservative models in the
system criminal justice. The primary aim of this model is to protect the society from criminal
offenses by regulating those offenses and criminal justice. The due process model, on the
other hand, can be described as taking a more liberal approach in the regulation of the
criminal justice system (Feeley, 2017). The followers of the due process approach favour the
rights of both the victims and the offenders. The two approaches are often seen to be
contradicting each other and therefore there is a constant conflict between the two
approaches. This paper aims to discuss about the mentioned conflict between the due process
model and the crime control model. In this context the paper would be briefly discussing the
two models and in furtherance will explain how miscarriage of justice happens in the criminal
justice system.
Crime Control and Due Process
Professor Herbert Packer was seen as dividing the criminal justice system into two
distinct and contradictory models. These two models are crime control model and the due
process model. It has been observed by the scholars that both the approaches to criminal
justice have separate value systems and in furtherance have separate philosophies underlying
them. There is a competition observed between the two approaches for the control in the

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operation if the criminal process (Roberts, 2018). However, the process in the criminal justice
system can be seen as falling in some spectrum between the two processes of due process and
crime control. It has also been pointed by Prof. Herbert Packer no society can exclude one
approach in a complete manner to follow the other approach.
The approach of Crime Control
One of the most conservative approaches in the system in criminal justice can be seen
as including the crime control approach. The primary aim of this model is to protect the
society from criminal offenses by regulating those offenses and criminal justice. The
approach can be seen as mostly stressing on sentencing for the offences in a stringent and
swift manner. The followers of the crime control approach can be seen as considering that
adhering to strict imposition on criminal activities would be favourable for the society
(Sharma, 2016). The reason explained for this is that the offenders would be committing
fewer offences by fearing harsher sentencing. The approach can be seen as permitting
supreme powers to the courts and the prosecution for delivering justice in the criminal
offenses in a swift manner.
The approach of Due Process
A more liberal approach towards the system of criminal justice can be seen as being
followed by the due process approach. The followers of the due process approach favour the
rights of both the victims and the offenders. The due process approach can be seen as
following the belief that a person should be considered as innocent until and unless their guilt
has been proven by way of law (Vogler, 2017). In the due process model of criminal justice
the rehabilitative policies for the offenders instead of the punishing them with a stringent and
harsh sentence. In this approach the main focus is to get the criminals out of the prison and
help them get back a functioning life in the society.

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Contrasting between the Due Process and Crime Control Approach
The approaches in due process and crime control can be observed as to be contrasting
and contradictory in many ways. The two approaches are often seen to be contradicting each
other and therefore there is a constant conflict between the two approaches. In the following
paragraph the differences between these two approaches have been discussed. In the due
process model the main principle that is followed is that no person should be dispossessed of
their rights towards their life, freedom or property in absence of any kind of procedure or
safeguard provided by the law to them (Daly and Sarre, 2016). The due process approach can
be seen as following the belief that a person should be considered as innocent until and unless
their guilt has been proven by way of law. Contradicting the due process model, the crime
control model can be seen as following the approach of ‘absolute reliability’ in the findings
of the facts by the law enforcement officers. The approach is further seen as supporting arrest
of individuals and treating them as guilty even before their offence has been proven. In the
due process approach the supporters are seen to be of the belief that policing within the
criminal justice system would be necessary for maintaining justice in the society. In the crime
control model, contradictorily, it is believed that process of policing in the criminal justice
system would slow the procedure of justice unnecessarily (Braga, Weisburd and Turchan
2018). In the due process approach the rights of the offenders are of utmost importance and in
furtherance proper processes for proving the offences.
Comparing between the Due Process and Crime Control Approach
Even though many distinctions can be found between the two approaches in criminal
justice system, certain similarities can also be found between the due process model and the
crime control model. In both due process and the crime control model the supporters are seen
to be of the belief that if any individual is in violation of law they are required to be punished

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(Loader and Sparks 2016). In both the approaches, it is opined that the defence counsel
should be playing the role of advocate in the criminal justice system.
Miscarriage of justice
Although by way of these two models the criminal justice system provides a
protection to the offenders yet there are many error situations in the criminal justice that
result in the wrongful convictions. Although the safeguards are seen as being protective yet
the uncertainty principle confirms a risk for such wrongful convictions to remain. The term
miscarriage of justice denotes to the failure of the judicial system for providing with a
sentence for a crime that has not been committed by the person to whom the sentence has
been provided. The political or the public debates on the miscarriage of justice can be
observed to be highly polarized (Singh 2018). On one hand, the supporters of the due process
approach can be seen to be concerned about the wrongful convictions of the individuals who
are innocent factually. Contradictorily, the people supporting the crime control approach can
be seen as raising concerns for the need of ensuring that the offenders guilty of crime get
proper sentencing. Although it is required to accommodate both the crime control and due
process model for delivering the justice by convicting offenders who are guilty by fact and
acquitting individuals who are innocent in a factual way, yet often times this is not observed
to be the case. Over the years many criminologists have been of the opinion that there has
been a deep entrenched bias towards the societal groups that are considered to dominant. For
example in America the black people are considered to be more criminally dangerous than
the white people. Similarly the non-dominant race, ethnicity or class is often being subject to
bias in the criminal justice system (Colaguori 2017). The criminal justice system often views
certain class of people to be more dangerous and perpetrators of crime while the others are
seen as being the victims of such crimes committed by certain racial or ethnic groups.

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Conclusion
In this paper a detailed discussion has been done about the conflict between the due
process model and the crime control model in the criminal justice system. In this context the
paper has briefly discussed the two models and in furtherance has explained how miscarriage
of justice happens in the criminal justice system. Professor Herbert Packer was seen as
dividing the criminal justice system into two distinct and contradictory models. These two
models are crime control model and the due process model. One of the most conventional
methods in the system in criminal justice is the crime control approach. The key
determination of this model is to safeguard the society from unlawful misdemeanours by
regulating those felonies and the criminal justice. The due process approach, on the other
hand, can be labelled as taking a more substantial tactic in the regulation of the criminal
justice system. The supporters of the due process tactic support the rights of both the victims
and the offenders. Although there needs to be a balance between the two approaches yet this
is not always the case. The two methods are often seen to be challenging each other and
therefore there is a continuous struggle between the two methods. On one hand, the
supporters of the due process approach can be seen to be concerned about the wrongful
convictions of the individuals who are innocent factually. Contradictorily, the people
supporting the crime control approach can be seen as raising concerns for the need of
ensuring that the offenders guilty of crime get proper sentencing. Often times both these
models fail and individuals are wrongfully convicted because of stereotyping crimes by way
of an individual’s race, ethnicity or gender.

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Reference
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