The Text Discusses Two Primary Goals Of American Criminal Ju

The Text Discusses Two Primary Goals Of American Criminal Justice Th

The text discusses two primary goals of American criminal justice: the need to enforce the law and maintain order, and the need to protect people from injustice. Chapter 1 addresses this issue beginning on page 11, and a synopsis of Herbert Packer's crime control/due process models of criminal justice is provided in Figure 1-2. The original article by Packer is also available in the module. Please present your position on the following: Which of the two models is currently the primary focus of the American criminal justice system and why? Do you think the current situation is appropriate? Is a combination of the two models possible? Explain. There is no word limit and all outside sources must be listed under a References heading at the end of your submission. Use APA formatting.

Paper For Above instruction

Introduction

American criminal justice system is fundamentally driven by two broad goals: enforcing laws to maintain social order and safeguarding individual rights against injustice. These objectives are rooted in the tension between maintaining societal stability and ensuring justice for individuals. Herbert Packer's crime control and due process models encapsulate this duality, providing a framework to understand contemporary judicial priorities. This paper explores which model currently dominates the American criminal justice system, whether this focus is appropriate, and the feasibility of integrating both models into a cohesive approach.

Current Dominant Model in the American Criminal Justice System

Herbert Packer's crime control model emphasizes efficiency, apprehension, and swift resolution of crime, prioritizing the prevention of crime through strict enforcement and deterrence. Conversely, the due process model emphasizes individual rights, fairness, and the integrity of legal procedures, even at the expense of efficiency. Empirical evidence suggests that, in contemporary America, there is a significant tilt toward the crime control model, manifested in policies geared toward tough-on-crime approaches, increased incarceration rates, and aggressive policing tactics (Cole, Smith, & Dejong, 2019).

One reason for this shift is the political and societal emphasis on reducing crime rates and protecting victims, which has precipitated policies favoring law enforcement authority and punitive measures. The aftermath of high-profile crimes and terrorism threats have further propelled this trend, emphasizing the need for rapid apprehension and deterrence over procedural fairness (Gaines & Miller, 2020). As a result, the criminal justice system appears to prioritize the crime control model, often at the expense of the protections enshrined under due process principles.

Is the Current Focus Appropriate?

The predominance of the crime control model raises concerns regarding the erosion of civil liberties, the risk of wrongful convictions, and systemic biases. While protecting society from crime is legitimate, overemphasis on efficiency can compromise the rights of accused individuals and diminish public trust (Schmalleger, 2018). Therefore, many critics argue that this approach is not fully appropriate or sustainable, especially considering the socio-economic and racial disparities evident in the justice system. A balanced approach that incorporates the due process model’s focus on fairness and individual rights is essential to ensuring justice and maintaining the legitimacy of criminal justice institutions (Gottfredson & Hirschi, 2003).

Feasibility of Combining the Two Models

Integrating crime control and due process models into a hybrid system is both necessary and feasible. Such a model recognizes the importance of efficient crime prevention while safeguarding procedural fairness, ensuring that law enforcement actions do not violate constitutional protections. Practical implementations include ensuring judicial oversight, implementing community policing, and fostering transparency and accountability within law enforcement agencies (Maxfield & Babbie, 2019). These measures can help balance the need to maintain order with the imperative to protect individual rights, fostering a justice system that is both effective and just.

Conclusion

The current emphasis in the American criminal justice system leans heavily toward the crime control model, largely driven by societal concerns about safety and order. However, this shift poses significant risks to constitutional rights and societal trust. Moving forward, adopting a balanced approach that combines the strengths of both models offers a more sustainable, equitable, and effective framework for justice administration. Such integration requires deliberate policy choices, ongoing oversight, and a commitment to fairness, ensuring that law enforcement's power is exercised responsibly without sacrificing individual liberties.

References

• Cole, G. F., Smith, C. E., & Dejong, C. (2019). The American system of criminal justice. Cengage Learning.
• Gaines, L. K., & Miller, R. L. (2020). Introduction to criminal justice. SAGE Publications.
• Gottfredson, M. R., & Hirschi, T. (2003). A Control Theory of Crime. Stanford University Press.
• Maxfield, M. G., & Babbie, E. (2019). Research methods for criminal justice and criminology. Cengage Learning.
• Schmalleger, F. (2018). Criminal justice today: An introductory text. Pearson.
• Herbert Packer. (1968). Two models of the criminal process. Stanford Law Review, 1139-1163.