Criminology and Criminal Justice: Amendments, Models, and Due Process

This essay provides an overview of criminology and the criminal justice system in the United States, emphasizing the significance of the Bill of Rights and its impact on crime control procedures. It discusses the Due Process Model and the Crime Control Model, highlighting their contrasting approaches to justice. The essay examines the 4th, 6th, and 14th Amendments, focusing on their role in safeguarding individual rights and ensuring fair legal processes. It also analyzes landmark cases like Dred Scott, Hurtado v California and Gideon v Wainwright that shaped the interpretation and application of these amendments. The essay concludes by considering the balance between protecting the innocent and convicting the guilty, assessing the effectiveness of the criminal justice system in achieving this balance. Desklib offers a wide array of solved assignments and past papers for students.

Running head: CRIMINOLOGY AND CRIMINAL JUSTICE
Criminology and Criminal Justice
Name of the Student
Name of the University
Author Note

1CRIMINOLOGY AND CRIMINAL JUSTICE
Crime may be defined as a wrong committed against society that is contrary to and
punishable by law if committed under certain circumstances. The crime control procedures, the
processing of criminal defendants, sentencing of offenders are closely related to the prohibitions
and guarantees stipulated in the Bill of rights as well as in the interpretation of these provisions
set out by the Supreme Court. The Criminal Justice (CJ) system was made effective with the
establishment of the Bill of Rights, which prevents violation of the rights of the American
Citizens. Two significant models of CJ system include the ‘Due Process Model’ and the ‘Crime
Control Model’. It is said that these two model signifies liberal or a conservative approach to
crime and are two distinct as well as competing ideologies that gives a form to the CJ system1.
The principle of Due Process imply that laws that must be applied equally and fairly to
all the people, particularly, to citizens that are usually accused of committing crimes. In the Dred
Scott Case [1957], 4th, 5th and 6th Amendments to states have been made which incorporated the
‘due process clause’. Although several amendments have been made to the US constitution,
three important amendments that has brought significant changes in the CJ system includes 4th,
6th and 14th Amendments.
The 14th Amendment which introduced the due process clause comprise the right that are
stipulated within the Bill of Rights and hence is applicable to the states as was ruled in Hurtado
v California. The ‘Due Process Clause’ was incorporated in the 14th Amendment, which states
that government must not deprive anyone of liberty, life or property without complying with the
due process of law. The 14th Amendment safeguards the citizens against actions of the local and
state governments.
1 Rossum, Ralph A. American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments.
Routledge, 2018.

2CRIMINOLOGY AND CRIMINAL JUSTICE
The 4th Amendment aims at permitting the police to search the person arrested or the
places where the arrested person could reach and touch or may exercise immediate control. It
also entitles police to search property wherein the police suspects to be related to the crime for
which the accused is alleged.
The 6th Amendment brought another significant change within the criminal justice system
that guarantees an individual who is accused of a crime to obtain assistance of counsel for his
defense which was established in Gideon v Wainwright in 1963.
In my opinion, the two models of the CJ system have been incorporated to oblige states
to grant criminal defendants with several constitutional safeguards, to which the accused persons
of federal crimes were already entitled. While the due process model ensures priority to fairness
of procedure and safeguards suspects from being easily held as guilty, the Crime Control Model
is significant as it convicts the guilty. Although these two models purports to safeguard the
innocent and convict the guilty, the due process clause often result in acquittal of accused
persons whereas the crime control order while convicting the guilty, often convict innocent
individuals. Therefore, the balance that a criminal justice system is seeking to strike, is a useful
method to determine the efficacy of the system.

3CRIMINOLOGY AND CRIMINAL JUSTICE
References
Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857)
Hurtado v. California, 110 U.S. 516 (1884)
Gideon v. Wainwright, 372 U.S. 335 (1963)
United States (U.S.) Bill of Rights 1791
Rossum, Ralph A. American Constitutional Law, Volume II: The Bill of Rights and Subsequent
Amendments. Routledge, 2018.