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Due process includes here, inter alia, provisions ensuring an accused person a fair and public trial before a competent tribunal, the right to be present at the trial, and the right to be heard in his or her own defence.

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The main principles of the Due Process model: 

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The main principles of the Due Process model: 

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Presumption of innocence of the suspect.

Rights of the defendant are protected.

Cases are examined in detail to avoid mistakes.

Police powers should be limited.

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The main principles of the Crime Control model:

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The main principles of the Crime Control model:

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Protects rights of victims over defendants.

Wants a quick process of cases.

Police powers should be enhanced to gain a conviction in any way needed.

Aims to punish offenders.

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The due process model is a liberal approach. It aims to completely stop agencies like the police from oppressing people. The police can be tempted to act illegally, harassing groups that label negatively as “typical criminals”. The due process model offers some protection against this as the police are required to follow lawful procedures and not exceed their powers.

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Left Realism argues that militaristic policing of poor areas triggers confrontations and makes residents unwilling to assist the police. In this left realist view, police have to follow the due process by acting in a leaf and non-discriminatory way if they want to tackle crime effectively and correctly.

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The crime control model links to different theories of crime:

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The crime control model links to different theories of crime:

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Right realism- The crime control model is a right-wing, conservative approach to justice and it has much in common with right realists theories of crime. For example, like zero tolerance policing strategies. It favours giving the police greater powers to investigate and suppress them
Functionalism- The crime control model also has links with Durkheim’s functionalist theory that punishment reinforces society’s moral boundaries. As the main function of justice is to punish the guilty, this enable society to express its moral outrage and strengthen social cohesion.

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Areas of law that support the due process model:

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Areas of law that support the due process model:

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•The acknowledgement of the need for police procedural safeguards by the introduction of Police and Criminal Evidence Act (PACE) 1984.
•All interviews are now recorded and all suspects have the right to legal representation and legal aid.
•The Human Rights Act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights perspective.

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This case study was an example of cases investigated using the due process model. Sion Jenkins was convicted of the murder of Billie-Jo Jenkins (his foster daughter). She had been battered over the head with a tent peg. He said he had found her in a pool of blood on retuning from a shopping trip. His behavior was said to be erratic and he had miscroscopic blood spots on his clothing. On appeal, the evidence from blood drops was found to have been misleading and the conviction was quashed.
He appealed 3 times which shows presumption of innocence and time spent on one case.

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This shows that people judge a book by its cover, people shouldn’t judge people by how they look as that don’t mean that they committed a crime just because they look a bit different. For example the Chris Jeffries case, he was arrested in 2010 for the murder of Joanna Yeates and he was judged and arrested just because of how he looked and how he acted.

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In the 1960s, legal scholar Herbert L. Packer created models to describe exceeding expectations of the criminal justice system. These two models can be competing ideologies in criminal justice, but we will discuss how these models can be merged or balanced to work together. The first tension between these models is often the values they place as most important in the criminal justice system, the crime control model and the due process model.

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A model of the Criminal Justice System that assumes freedom is so important that every effort must be made to repress crime.

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The due process model prioritises the interests of the individual suspect who is confronted by the mighty power of the State. Such an individual is entitled to a presumption of innocence, and should not be found guilty of an offence other than by way of clearly defined and formal decision-making processes.

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Crime control refers to methods taken to reduce crime in a society. Crime control standardizes police work. Crime prevention is also widely implemented in some countries, through government police and, in many cases, private policing methods such as private security and home defense.

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1. Fair treatment through the normal judicial system, especially a citizen's entitlement to notice of a charge and a hearing before an impartial judge.