Case Analysis: Crime Control, Due Process, and Circle Models

This essay provides an analysis of several criminal justice models, including the Crime Control Model, the Due Process Model, the Roller Coaster Model, and the Circle Model. The Crime Control Model emphasizes the legislature and prioritizes efficiency in fact-finding, often at the expense of individual...Read More

Surname1
Name
Instructor
Course
Date
Case Analysis in Light of the Criminal Justice Models
A. The Crime Control Model
According to this model, a lot of emphasis is made on the legislature and not the courts because
it validates authority. In this case, the model accepts the reliance put on the criminal sanctions by
the legislatures. In such an instance, we assume that the presented criminal sanction is an
absolute guarantor of social freedom as well as being necessary for the maintenance of public
order. The assumption leading to the outlined conclusion is that police investigations or
prosecutions could possibly control crimes. However, the reality in place is that with the
available law enforcement resources are taken to proceed with speed and finality. Fact finding
processes are done by the police in the station-houses and streets and not by judges or lawyers in
the courts. However, the police happen not to be with "legal guilt" through evidence that is
admissible as required. The police is given investigative powers and could have used the same to
establish whether the suspect is factually guilty or not. It is factual enough to ask whether the
confession of the accused is unreliable (Joab). We are not so much interested in the trial when it
comes to this model since the main concern is in the administrative stages of fact finding. The
prosecutor is however considered to be in the best position in evaluating the amassed evidence
and give an appropriate decision. Police and prospectors alike are required not to waste their time

Surname2
that is limited on those considered to be innocent. Therefore, the trial judge is required to accept
guilty pleas instead of inquiring into the plea’s factual accuracy or if the accused did have
defense.
B. Due Process Model
In this case, we begin with skepticism concerning the utility and morality of the sanction. Such
skepticism will be based on values that are liberal with regards to the primacy of the accused as
well as the complementary concept regarding official power limitation. It should also be noted
that less emphasis is put on guilty pleas as well as the efficiency of the process. Equality is also
paramount in the sense that the accused need to receive equal treatment with regards to the
justifications. The rights of the accused should then be protected since in that way, the
assumption made is that the due process rights are as well protected. The criminal cases should,
therefore, not be seen as a bipolar matter between the accused and the state. This process
imposes several restraints on the police so that the suspect’s rights are protected. The informal
fact-finding processes are also limited in this case. It is illegal for the police to arrest an
individual as a way of developing their case. Instance where there is communication between the
accused and the police, the individual who is accused need to be informed on his right to receive
and contact counsel as well as be silent. The criminal process should not, in any instance, have
whatever disparity in its resources between the accused and the state during the time of the
arrest. Statements that are taken without a clear voluntary waiver of the accused’s rights need not
to be excluded from any subsequent criminal trial. In this way, the accused is protected from
self-incrimination that is unfair.
C. A Roller Coaster Model

Surname3
In this case we respond to the existing inadequacies of the state’s ability to control crimes in a
way that protects as well as serve the victims. There is a crisis, in our case because there is a
need that is perceived with regards to the defending of the criminal sanction from challenges of
due processes. In a normal way, we have to perceive the potential victims as being worthy of
some respect. The criminal sanction’s defense replicates the assumption of crime control. Such is
that the criminal law has the possibility of controlling crime. The demand posed by victims for
criminal sanction should be focusing on their equal protection by the law. Several studies on
victimization show, just how much the existing systems have failed. Victims are highlighted to
be ill-treated within such systems. If, under any means, a crime takes place, this model will have
to ensure that healing and justice are upheld.
D. A Circle Model
This is yet another direction towards ensuring that victims are rightfully treated. This circle
model is quite different from the roller coaster model. While the Roller Coaster model has its
reliance on inadequate criminal sanction and also countering claims of due process, the Circle
Model ensures that restorative justice is obtained in situations where crimes occur. The model
represents the restoration and prevention processes. In this case, the model manifests through a
gated community as well as private police forces. Another way is via neighborhood watch which
has to be successful. In a case whereby a crime occurs, we intend to bring about healing,
restorative justice and compensation. In this case, stress is made on victims’ needs rather than
their rights. What the model seeks is to minimize the pain of punishment and victimization.
According to research activities on victimization, high levels of injustice and unreported criminal
activities are due to social policy failures. Unlike other models that go for the punitive version of
the rights of victims, unreported crime does not get automatically viewed with any sort of alarm

Surname4
(Roach). Victims, according to this model, are non-punitive when it comes to the decisions they
make associated with not reporting crimes to the police. There is, however, some bit of non-
reporting that is related to the inhospitality and inadequacy of systems of criminal justice as well
as fears of retaliation from the offenders. Also, as in the model of crime control, the police are
not as concerned with "legal guilt" through admissible evidence as would be expected. Police
also have the investigative powers here and could, therefore, use the same to establish whether
the suspect is factually guilty or not. The trial is a bit important when it comes to this model.

Surname5
Work Cited
Joab. "Criminal Law and Process ." Criminology (2006): 4-13.
Roach, Kent. "Four Models of the Criminal Process ." Criminal Law and Criminology (1999): 2-
47.