Models of Criminal Procedure

Introduction

• Two main models of Criminal Procedure: Crime Control Model and Due Process Model.
• Understanding these models helps analyze the values in criminal justice systems and decisions made by actors like judges, police, and prosecutors.
• The models conceptualized by Sir Herbert Packer in his book, Limits of the Criminal Sanction (1968).
• Models are not practical systems but represent value systems at the end of a spectrum.

Commonalities Between the Two Models

1. Ex Post Facto Clause
   • A law must exist defining an act as a crime before it can be prosecuted and punished.
   • No criminalization of conduct after the act has been committed.
2. Limitations on Prosecutorial Powers
   • Legislatures define crimes and prescribe punishments, limiting police and prosecutor discretion.
3. Limitations on State Power vs. Individual Privacy and Security
   • State powers are limited to ensure individual privacy and security, with statutory controls and scrutiny of government actions.
4. Procedural Due Process
   • An assumed procedure to deal with suspects, emphasizing the role of an independent authority to demonstrate guilt.

Crime Control Model

• Emphasizes efficiency and regulation of criminal behavior.
• Characteristics:
  1. Repression of Criminal Conduct
     • Most important function to prevent public disregard for law.
  2. Efficiency, Speed, and Finality
     • High rates of apprehension, swift procedures, and limited judicial intervention. Termed "assembly-line justice" by Packer.
  3. Affirmative Model
     • Emphasizes existence and exercise of official power, validated by legislative enactments.

Due Process Model

• Emphasizes credibility and fairness of the system.
• Characteristics:
  1. Procedural Fairness
     • Ensuring procedural fairness is the most important function.
  2. Formal Adjudicatory Fact-Finding
     • Rejects informal fact-finding; values formal, judicial processes.
  3. Reliability
     • Focus on minimizing error, often resulting in slower processes; termed "obstacle course" by Packer.
     • Includes safeguards against police abuses and ensures the presumption of innocence and protection of individual liberties.
  4. Equal Justice
     • Addresses socio-economic inequalities in the legal process by providing resources for a fair trial.
  5. Negative Model
     • Limits police powers and requires judicial scrutiny of administrative actions.

Differences Between Crime Control and Due Process Models

1. Function Focus
   • Crime Control: Repression of crime.
   • Due Process: Ensuring procedural fairness.
2. Fact-Finding Process
   • Crime Control: Informal, administrative.
   • Due Process: Formal, adjudicatory.
3. Limitations on Police Power
   • Crime Control: Limited by legislation.
   • Due Process: Presumption of innocence and protection of individual liberties.
4. Finality vs. Scrutiny
   • Crime Control: Emphasizes finality and minimal intervention after a decision.
   • Due Process: Encourages scrutiny and correction to avoid errors.
5. Efficiency vs. Reliability
   • Crime Control: Values efficiency, measured by high conviction rates.
   • Due Process: Values reliability, focusing on eliminating errors.

Summary

• Models of Criminal Procedure provide a framework for understanding the values in procedural rules and actor decisions in criminal justice.
• Packer's models of Crime Control and Due Process highlight different priorities: efficiency and repression of crime vs. procedural fairness and reliability.
• Legal systems may mix elements of both models but show inclination towards one.