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DUE PROCESS AND CRIME CONTROL MODELS

This seems a good example of the Due Process model, which Packer describes as more or less an obstacle course. A similar obstacle course was run in Duncan v Louisiana (391 U.S. 145 1968) which revolved around a man convicted of simple assault being denied a jury trial, under Louisiana law. When his case went to the Court, Justice White delivered the majority opinion. Namely, that the defendant's rights were indeed violated and that the Louisiana law which limits jury trials to capital or serious felony cases, was unconstitutional. In short, he was not given due process.

What is interesting to note is Packer's description of the Crime Control model as one that, if it is to operate successfully, requires a high rate of apprehension and conviction. Nevertheless, it seems that his Crime Control model is skewed toward the prosecution, since the very word "control" is a pejorative implication that the defendant requires control and that this control will take him off the streets and somehow reduce crime. Again, this may well be a prosecutorial viewpoint, but there has to be a presumption of innocence, even though Packer states that this is not the polar opposite of the presumption of guilt. The very word "presumption" is used by Packer as indicating what he calls

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DUE PROCESS AND CRIME CONTROL MODELS. (2000, January 01). In LotsofEssays.com. Retrieved 02:17, October 25, 2014, from http://www.collegetermpapers.com/viewpaper/1693714.html
 
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