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BCJ2000 Columbia Southern Unit 2 Framework Criminal Justice Article Review

BCJ2000 Introduction to Criminal Justice

Columbia Southern University

Question Description

For this assignment, read parts I and II of the assigned article by Macdonald, “Constructing a Framework for Criminal Justice Research: Learning from Packer’s Mistakes," and write an article review addressing the following:

Briefly introduce and summarize the article.

Identify the author’s main points.

Who is the author’s intended audience?

Compare and contrast the crime control and due process models.

Your response must be at least three pages in length. All sources used, including the article, must be referenced. Paraphrased and/or quoted materials must have accompanying in-text citations and references in APA format.

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UNIT II STUDY GUIDE Crime Control vs. Due Process Model Course Learning Outcomes for Unit II Upon completion of this unit, students should be able to: 1. Summarize the core segments of the U.S. criminal justice system and the interactions between each segment. 1.1 Identify a course project topic within the selected field of criminal justice. 7. Compare the crime control model and due process model within the law enforcement system. Reading Assignment In order to access the resource below, you must first log into the myCSU Student Portal and access the Criminal Justice database within the CSU Online Library. In order to access the following resource(s), click the link(s) below: https://libraryresources.columbiasouthern.edu/login?url=http://search.proquest.com.libraryresources.columbia southern.edu/docview/219920806?accountid=33337 Only read Parts I and II of the article: Macdonald, S. (2008). Constructing a framework for criminal justice research: Learning from Packer's mistakes. New Criminal Law Review, 11(2), 257-311. Click here to access an interactive lesson regarding Due Process. Unit Lesson As you discovered in Unit I, the primary goal of the American criminal justice system is a system of fairness where it is important to find that balance between an individual’s rights and public order. As you will see throughout the study of criminal justice, this theme will continually reemerge. For this lesson, the study of the due process model versus the crime control model is at the heart of this concept. One must understand that striving to find (or maintaining, for that matter) a balance between securing the general public and protecting them from crime and harm and securing our civil and individual rights is a tall order in today’s society. Many criminal justice, law enforcement, and legal professionals (along with researchers) have polarized views of what works. The million-dollar question is whether one can achieve a balance. Must one give up some sense of public or social order in order to fully maintain the rights of the individual, or must one give up some sense of individual rights in order to maintain order? Can one do both? You decide as you dig deeper into the tug of war between crime control and due process. Herbert L. Packer was a well-known law professor and criminologist who first developed the two models of the criminal process you know today as the crime control and due process models. The first of the two models to be discussed in this unit is the crime control model. Essentially, the premise behind this concept encompasses having the priority of controlling crime in an effort to avert a breakdown in public order. Under this model, the absolute most important objective is enforcing laws and keeping criminal activity under strict control. Packer (1964) suggests that if law enforcement cannot achieve this goal and crime flourishes, society suffers from a lack of public order and, subsequently, a loss of freedom. Furthermore, and equally critical to this concept, is the nexus between the way in which laws are enforced and the correlation on the effectiveness of the legal controls. Essentially, if laws are loosely enforced, a disregard for legal authority can ensue (Packer, 1964). This theory, simply put, is referred to as a lack of deterrence within criminal justice. When there is a lack of enforcement for certain laws or a degree of leniency for certain crimes, crime rises. BCJ 2000, Introduction to Criminal Justice 1 Macdonald (2008) supports this notion stating the “the crime control model is in factxconcerned with the way UNIT STUDY GUIDE in which the apprehension and conviction of offenders is pursued is confirmedTitle by Packer’s analogies of an assembly line and an obstacle course” (p.9). What is it within the crime control model that must be done in order for it be effective? Well, one first must look to arrest and conviction rates. If there is a perception, as stated earlier, of a failure to apprehend and convict those engaging in crime, then the criminal justice system is not operating up to par. The crime control model works due to a high degree of efficiency; whereas, in order for this concept to work, one must pay close attention to the ability, as a criminal justice system, to carry out the criminal justice process. Simply put, this correlates to a high rate of apprehension, trying, and convicting of criminal offenders. If done efficiently, as Packer outlines, the crime control model has succeeded in maintaining public order and controlling crime. At the other end of the spectrum in the American criminal justice system lies the due process model. Due process rejects the concepts of the crime control model, which relies heavily on those responsible for the investigation and prosecution of crimes to fully understand what actually occurred during the alleged crime (Packer, 1964). Instead, this concept is replaced with a process that swings in favor of the suspect and considers the possibility that a witness (or victim) could be biased or have presented an inaccurate account of the event or a confession (or admission) could have been coerced. Essentially, the interests of the accused are critical to the due process model, and an informal fact finding process is rejected (MacDonald, 2008). Rather, a “formal, adjudicative, adversary fact finding processes in which the factual case against the accused is publicly heard by an impartial tribunal and is evaluated only after the accused has had a full opportunity to discredit the case against him” is favored (Packer, 1964, p. 14). What one sees here as well is an emphasis placed on law enforcement to fully recognize the rights of those accused or suspected as it relates to the arrest, interrogation, and overall processing of a particular case. As you have learned in this lesson, the crime control and due process models have differing objectives and goals. References Macdonald, S. (2008). Constructing a framework for criminal justice research: Learning from Packer's mistakes. New Criminal Law Review, 11(2), 257-311. Packer, H. L. (1964). Two models of the criminal process. University of Pennsylvania Law Review, 113(1), 1-68. Suggested Reading Use the Internet to locate the 1964 article below explaining two models of the criminal process, the crime control model and the due process model. Packer, H. L. (1964). Two models of the criminal process. University of Pennsylvania Law Review, 113(1), 168. BCJ 2000, Introduction to Criminal Justice 2 ...
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Final Answer

Attached.

Running head: ARTICLE REVIEW

1

Article Review
Institution Affiliation
Date

ARTICLE REVIEW

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Summary of the Article
The United States developed a criminal justice system with the intention of balancing
public order with an individual’s rights. It is hence essential to study the crime control model as
well as the due process model since they facilitate the achievement of public order while
upholding civil rights. In the current society, it is difficult to protect the public from crime while
safeguarding their civil rights. The contentious issue is whether people should consider
surrendering their civil rights in order to achieve public order or surrender public order with the
intention of safeguarding their civil rights. The dilemma has hence created the debate about
which model is effective and promotes freedoms in the United States. Therefore, this article
focuses on both issues as Herbert L. Packer has elaborated how both models work.
Packer is the inventor of both the due process model as well as the crime control model
which are part of the criminal process. The first model to be discussed is the crime control
model. It tends to focus on the management of crime in a society with the intention of achieving
public order. The model values the enforcement of laws and ensuring that crime is significantly
reduced if not to...

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