you modal's of Criminal Procedure this model we will talk about the two models of Criminal Procedure after reading this module the students will be able to understand the values underlying each of these models the commonalities they share and they should be able to analyze the criminal justice system they are familiar with on the basis of these two models now what are these models models of Criminal Procedure present a convenient way to talk about the values underlying criminal justice administration the values may be observable in the statutory procedural rules the decisions made by the actors in the criminal justice system like the judges the police or the prosecutors decisions of each of these actors represent their inclination towards a particular model of Criminal Procedure there has been numerous attempts to conceptualize the streams of value systems that underlie these models the models enunciated by Sir Herbert Packer in his classic book limits of the criminal sanction published in 1968 by the Stafford University Press a widely accepted according to Packer there are two models of criminal justice one crime control model and two the due process model these models are not to be taken in terms of Ease and odd but they are two separate models value systems that compete for priority in the operation of criminal process crime control model emphasizes the values of greater efficiency and regulation of criminal behavior whereas the Due Process Model as pays for credibility of the system now before moving on to discuss the models in some detail we should remember that these models are not working models in the sense that it would be impossible to identify a particular legal system to be completely following a crime control model or completely following a due process model rather these are polarities placed in the two extremes of the spectrum each representing a set of values elements of both may be present in the rules made by a particular system now before analyzing these features or the values underlying each model we should consider is there a common ground between the two in other words there are certain common features though they are said to be poles apart in terms of the values they share or the values they possess there are certain common features they share we will discuss that first there are four commonalities that can be traced first us ex post facto clause which means that before a particular act can be prosecuted and punished there should be in existence a law defining that particular content to be a crime and prescribing the punishment the limitation in criminal law that a particular conduct must be defined as a crime prior to identifying and dealing with persons as criminals now the words no conduct can be criminalized after the Act has been committed now this limitation of criminal law known as the ex post facto clause is common to both the crime control model and the due process model number two the second commonality is that both system acknowledge that there are limitations on the canary powers of the pullers or the prosecution what are those limitations when a conduct has been defined to be a crime by the legislature and a particular punishment is prescribed by the legislature the participants in the Criminal Procedure the agents the pullers and the prosecution their freedom or their discretion is limited they have to treat that particular app to be a crime and do whatever is prescribed by the law this acts as a limitation on the discretionary powers of the police and the prosecutor they have to just perform their rules when it appears that a crime has been committed this is the second common ground thirdly limits on the state power Vasavi individual privacy and security it is accepted that there are limitation on the powers of the government to investigate an applicant person suspected of committing crimes both the models acknowledges that both the models consider there are limitations on the powers of the fullest to the extent that I can use pass in order to investigate a crime or prosecute a crime for instance an individual cannot be taken and kept in custody as long as the investigating officer desires there are statutory limitations there are certain amount of control and scrutiny of such actions of the government this is for the purpose of protecting the individuals privacy and security this is the third common ground now finally the last common ground yes procedural due process both the models except that there should be a procedure by which a suspected criminal is dealt with it is based on the assumption that the individual alleged to be a criminal is an active agent in the process and his guilt must be demonstrated before an independent authority in other words it is acceptance that criminal process is a contest between two independent actors that is accused on the one side and the prosecution on the other but the relative importance each system gives each model gives to the procedural due process is different now these are the four common factors that exist in both the models now let's look into each of the model now each of the models in some detail firstly first we look into the crime control model crime control model as the name itself suggests emphasizes on prevention and control of crime through prosecution and Punishment of criminals it believes that the interest of the public can be better served by reducing the number of crimes by generating of fear a fear of efficient prosecution and punishment this may at times a certain disregard of those of the rights or interest of those who are suspected of criminal charges the essence of crime control model has been summarized by one author in the following words I quote crime control model or bureaucratic model emphasizes efficiency finality and preservation of other it proceeds with an official presumption that an individual charged with an offense is possibly guilty of that offends or some other offense this model finds connection between radios convictions and domestic tranquility and general welfare unquote now this forms the basis of the crime control model repression of crimes official prosecutions generating a fear in the minds of people and thereby increasing domestic tranquility now we will go deep into it by analyzing the characteristics of the crime controls warning firstly and most importantly crime control model considers repression of criminal contract contact as the most important function to be performed by the criminal process the basic proposition of crime control model is that repression of crime is the most important function of criminal process why is it so the reasoning is if there is a failure to enforce law if there is a high percentage of failure to apprehend and convict crimes which are committed it will lead to a general disregard of legal controls people will stop disregarding or disobeying law this will be adverse to public interest because a law-abiding citizen will lose his security of person and property so that when there is a failure to enforce law there would be a general disregard of law and that will lead to victimization of a person who was a law-abiding citizen and as a result there would be curtailment of his freedom and security of a person's life and property so that is why the crime control model says that hype when the rates of conviction are high or when there is a repression of criminal conduct by fushion prosecution there will be peace in society and that will result in a person enjoying his freedom personal freedom and security of his property and secondly the that is a first characteristic now the second characteristic says that efficiency speed and finality these three factors are very important in a criminal justice system according to crime control model the criminal process could become a guarantor of human freedom as mentioned earlier by repression of criminal conduct when there is an increased efficiency of the system repression of crime as a guarantor of human freedom will become effective only when the system is efficient and how does the system become efficient efficiency in this context means that the system's capacity to apprehend try and convict and dispose of high proportion of criminal offenders whose offences become known efficiency means the system's capacity to apprehend try convict and dispose of high proportion of criminal offenders whose offences become known therefore the system considers high rates of conviction or high rates of apprehension of virtue that is efficiency and the second character is your second important aspect as speed and thirdly finality these are the two other important aspects speed and finality speed depends on informality and uniformity unnecessary procedures having a potential to delay the process must be avoided for instance facts established by pullers interrogation must be accepted than insisting on a formal adjudicatory judicial fact-finding where the facts emerge after examination close examination and reexamination extrajudicial processes should be preferred to judicial ones because you digital processes takes more time and uniformity of the procedure means that each agent has his routine work to perform and this will ensure that a large number of cases are handled within a limited number of gangue so efficiency speed and finality these three constitute the second major characteristic of the crime control model now because of the speed and uniformity in procedure that the crime control model emphasizes sir Herbert Pappa calls it a system of assembly line justice because he says I quote it reminds of an assembly line conveyor belt conveyor belt down which moves an endless stream of cases never stopping carrying the cases to workers who standard fittest fixate stations and who perform on each case as it comes by the same small but essential operation that brings it one step closer to being a finished product as it is a system where the cases moved from one stage to another swiftly without much hindrances so that is why sir Herbert Packer calls it an assembly line justice now in order to achieve this that is efficiency speed and finality the model considers the following to be important some important things three important things must be considered firstly early screening out of those who are probably innocent and expeditious conviction of the rest screening out of those who are probably innocent and expressions disposal of delicious conviction of the rest now secondly facts can be established informally fact established by administrative agencies as opposed to judicial agency are reliable indicators of guilt thirdly there shall be minimum opportunities for challenge of convictions which are rendered minimum opportunities for challenge at the higher levels so this is how be system or the crime control model of system working under the crime control model ensures that the system is efficient and it has sufficient speed and there is a uniformity of procedure now the third characteristic of a crime control model is that it is an affirmative model why does a crime control model and it so metamodel packer calls the crime control model in affirmative model because it emphasizes at every stage the existence and exercise of official power the validating authority of such administrative power is only legislative meaning that if there is a legislative enactment authorizing exercise of a particular power by a particular Authority then that action becomes valid this is contrary to what the due process model postulates under the due process model it is not sufficient for an action to be valid that there is a legislative enactment and there is a legislative authorization for the exercise of a particular power it has to pass through judicial scrutiny who will test the validity or legality of that particular act having regard to what the Constitution of the land or the supra legislative law postulates so this is the difference between crime control model and the new process model having with respect to the exercise existence and exercise of far and that is what Hubbard Park calls controlled modern and it's a metal handle now we will look into the new process model according to Bloomberg under the due process model the justice system seeks to develop social legal an organizational structure which will filter out law violators and also provide an avenue of personal freedom to those who are innocent or casual lawbreakers the guilt of the person must be established by an impartial tribunal after public hearing giving due respect to individual rights unlike the crime control model the Due Process Model prefers reliability over efficiency it is always skeptical about the possibility of error and an innocent accuse getting convicted therefore the values of the model are presumption of innocence protection of individual liberties exclusion of question judicial check over executive actions and further scrutiny to avoid the possibility of error so unlike the crime control model which emphasizes or efficiency of the system for repression of crime the Due Process Model is more concerned about reliability the possibility of an error occurring therefore of cross-checking the decisions made by the authorities as central to the due process model what are the characteristics of the new process model firstly the most important function of the criminal process is ensuring procedure and fairness as opposed to the crime control model which regards regression of crime as a most important function of the criminal process the new process model considers procedural fairness as the supreme function of criminal process according to the model efficiency is a desirable characteristic but it is desirable only when it is complemented by reliability reliability cannot be sacrificed for the purpose of efficiency so at every stage of the proceeding procedural formalities and strictly adhere to avoid any possible violation of individual rights or any error in fact finding this is the first characteristic and now second second is with respect to fact-finding process the Due Process Model rejects informal and non-native fact-finding of the crime control model and instead advocates for a formal and adjudicatory fact-finding when facts are allowed to be established informally there is a possibility of the Poulos coil seeing the accused physically or psychologically to establish what may be far from the truth similarly witnesses may be influenced and in the absence of an impartial tribunal where accused has the opportunity to cross-examine the witnesses and the witness and evidences against him the innocent may get punished therefore the Due Process Model insists on a formal adjudicative and adversary fact-finding process fact-finding process under the due process model will have four characteristics one public hearing to an impartial tribunal three sole opportunity to the accused to discredit the case against him for for the scrutiny to avoid so facts will be established having regarding these four challenges the third characteristic of the due process model is reliability due process model gives more weight age to reliability than efficiency it believes in eliminating error to the maximum extent possible therefore effort is taken at every stage to make sure that no error goes unnoticed and inner senders hard this insistence of the model on reliability has made it an obstacle course often resulting in the process getting delayed at every stage so as opposed to the crime control model being an assembly-line justice Herbert pepper says due process model is an obstacle course there is always some kind of hindrance or some kind of delay in the process and because of its reliance on reliability its emphasized on reliability it has certain special characteristics firstly limitations of police power limitations on polis pas the new process model believes that the combination on stigma the combination of stigma and loss of personal liberty is the heaviest deprivation that the state can inflict on an individual it is skeptical about how the police power is exercised by the state therefore constant monitoring is required to check efficient operation of individual liberty for instance understanding the social stigma associated with a person being arrested by the police the model may mandate that arrest resulting in loss of personal liberty must only be made after cogent evidence is gathered especially when the crime is less serious that is the first point when we talk about the liability limitations with a spa secondly proof of legal guilty new process model does not believe in factual probability of guilt it does not deem a person to be guilty enough that in firmly established facts show in all probability that he has committed the ls crime it starts on the premise of presumption of innocence and man is that the guilt of the accused must be proved having regard to all procedural safeguards including jurisdiction of the tribunal trouble jeopardy presumption of innocence etc thus a crime committed by a person in front of a large crowd go may go unpunished if the witnesses refused to depose against the essentiality of proving a person to be legally guilty is quite different from the public knowledge that has committed the crime that is the second point thirdly correction of systems abuses the due process model considers the process the appropriate venue for correction of its own abuses unlike a crime control model it does not stop just by laying down rules to check abuses but goes ahead to correct them for example both the models have duels against illegal arrest unreasonable searches and questioned irrigations however the Due Process Model goes a step ahead and rejects all evidences obtained through these coils of practices or it may even reverse convictions in cases where the criminal process has breached the rules laid down it may also order the state to compensate the accused for his loss of Liberty and prestige fourthly equal justice the Due Process Model takes into account the gross inequalities in the available resources of the defendants in a criminal case and in a large number of cases the accusers incapable of putting up a an effective defense due to lack of resources therefore the system makes it a public function to make sure that the respondent has adequate resources including financial resources so that the trial becomes equal thus the model recognizes the possibility of socio economic and political factors influencing the final outcome of the state and means a very cautious approach now these are the points which this fits the due process model considers necessary in order the system becomes reliable now the last characteristic of the due process model is that it is a negative model unlike the crime control model which emphasizes on the presence of efficient path for effective working of the criminal justice process the Duce new process model believes in limiting the powers of the pullers for this model it is not enough to have an enabling legislation for the official act to be valid it has to be tested to the mandates of the supra legislative law that is the Constitution and judicial scrutiny of the administrative action Vasavi the Constitution becomes mandatory so these are the characteristics of the due process model now we will have a look at the differences between the crime control model and you for supporting the client control model considers repression of crime as the most important function of criminal processed barrassed the due process model considers procedural fairness ensuring procedural fairness as a most important function of the criminal process secondly as far as the question of fact-finding of consider crime control model emphasizes on informal and administrative finding Varys in the new process model facts must be established by an ant educator Authority giving complete opportunity to the accused to discredit the case against thirdly in a crime control model the police powers are limited only by legislation whereas due process model gives more importance to individual rights and therefore limits the powers of the police presumption of innocence and protection of individual liberty from police exorcists are some cardinal values of the due process model fourthly once the decision is rendered as far as a crime control model is concerned they shall be minimum interference with the finality the final decision there shall be finality to the maximum extent possible whereas the Due Process Model considers it as a virtue to cross-check the decision it believes that there is a possibility of error so avoidance of error to the maximum extent possible is one major value of the due process model so further scrutiny by higher courts is encouraged now as far as the crime control model is concerned efficiency expressed in terms of high rates of conviction is the highest goal whereas as far as the due process model is concerned reliability is the highest goal so these are these are basically the differences between a crime control model and a due process model we will summarize the cold jewel in one paragraph setters models of criminal procedure represent a convenient way to understand and aligns the values underlying the ways underlying the wave procedural rules afraind and decision made by different actors based on such rules or discretion at me the model enunciated by professor Herbert Parker is widely accepted they are the crime control model and due process model as PACA himself says say they are not working models or model that exists in the real world these are polarities of the values represented a combination of which may exist in the real world in other words the system mental towards either model there are some common features they share like the principles of principle of ex post facto laws limits or the discretionary powers of the fullest procedural due process etc to talk about the differences a crime control model considers repression of crime as the most important function whereas due process model considers Criminal Procedure as a character of human freedom therefore emphasizes on procedural fairness efficiency under the crime control model is manifested by high rates of conviction which is created by a system of informal fact-finding and minimal avenues for challenge under the due process model it is more important to make sure that the individual is treated fairly and the possibility of error is ruled out to the maximum extent possible so this is with respect to the two models of criminal procedure you