There Are Two Schools of Thought Regarding the Purpose of the Criminal

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The Answer is This question requires the student to examine the competing value systems underlying the administrative purposes of the criminal process. The two extremes are meant to illustrate the tension between competing interests in the criminal justice system: the government stability maintaining orderly society (crime control) and the individual's right to freedom and protection (due process). The student should be able to identify both of these with appropriate definitions. The student should also see that the crime control model emphasizes repression of criminal conduct, while the due process model rests on the presumption of innocence and holds that individual rights are not to be sacrificed for the sake of efficiency. The crime control model would look at Miranda as a "technicality." Due process model advocates would see this position as one of law enforcement overreach, refusing to recognize the suspect's rights to an attorney and to silence under custodial interrogation. The student should articulate, after defining both schools of thought, which one he or she finds most reasonable and provide good justification. In reality, the criminal justice system is not either extreme, but somewhere in the middle.

There Are Two Schools of Thought Regarding the Purpose of the Criminal

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