1.8. The Crime Control and Due Process Models

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Questions

Question 1

Who is the legal scholar credited with creating the crime control and due process models in the 1960s?

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Question 2

What is the primary focus of the crime control model?

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Question 3

The due process model argues that the criminal justice system should function more like an 'obstacle course' rather than what other analogy?

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Question 4

Which model of criminal justice is associated with a more conservative perspective?

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Question 5

According to the due process model, what is of utmost importance?

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Question 6

Which model is more likely to favor a plea bargain because trials are seen as taking too much time?

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Question 7

In the 'Murder in the Gym' example, how does the due process model view evidence obtained from the shooter's home without a warrant?

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Question 8

Policies such as creating 'Three Strikes' laws are promoted under which model?

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Question 9

Which landmark Supreme Court case mentioned in the text is an example of a due process model policy requiring police to inform people under arrest of their rights?

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Question 10

In the due process model's view of the 'Murder in the Gym' scenario, why is there a focus on the defendant's rights over the victim's rights?

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Question 11

According to the text, if public polls suggest that police have too much power, what kind of policies are politicians likely to propose?

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Question 12

Which model values controlling crime as more important than individual freedom?

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Question 13

The justice process of the crime control model is described as an 'assembly-line' that involves three main steps. Which of the following is NOT one of those steps?

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Question 14

What is the primary objective of the due process model when faced with a case like the 'Murder in the Gym'?

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Question 15

The policy of providing all defendants with an attorney, as established in Gideon v. Wainwright, is an example of which model in practice?

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Question 16

In the context of the crime control model, what is considered a secondary concern compared to the need to protect the community?

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Question 17

How does the due process model view the power of the police?

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Question 18

What is the first tension described between the crime control and due process models?

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Question 19

If a case involved legal technicalities, such as a warrantless search, which model would view these as an obstruction to justice?

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Question 20

The text suggests that the balance between the two models is challenging but ideal. What is this ideal balance trying to achieve?

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Question 21

The due process model is aligned with which political perspective?

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Question 22

In the 'Murder in the Gym' example, the crime control model would see the case as a 'slam dunk' and would want to avoid wasting time and money on what?

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Question 23

Which model would advocate for expanding police powers as part of its policy goals?

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Question 24

Under the due process model, what is the framework that the criminal justice system should be built upon?

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Question 25

What is the primary goal of the criminal justice system, according to the crime control model?

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Question 26

If a defendant pleads not guilty by reason of insanity, which model would more strongly support their right to a jury trial to determine this claim?

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Question 27

The text states that in the 1960s, Herbert L. Packer created two models to describe what?

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Question 28

Which model would see limiting police power as a positive step to prevent individuals from being oppressed?

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Question 29

The concept of an 'assembly-line' justice process, where law enforcement apprehends suspects and courts determine guilt, belongs to which model?

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Question 30

What does the text say is a potential consequence if politicians propose policies that limit police power when polls suggest abuse?

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Question 31

In what decade were the crime control and due process models created?

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Question 32

Which model is characterized by its advocacy for swift and severe punishment for offenders?

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Question 33

According to the text, the idea that it is 'too simplistic' to label crime control as purely conservative and due process as purely liberal is because the policies are a reflection of what?

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Question 34

In the due process model's view, establishing guilt depends on the facts and what other crucial factor?

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Question 35

Shutting down private prisons due to abuse of inmate rights would be a policy supported by which model?

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Question 36

What is the underlying purpose of the 'obstacle course' approach in the due process model?

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Question 37

How many competing ideologies in criminal justice did Herbert L. Packer's models represent?

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Question 38

If a politician, responding to public fear of crime, promotes policies that focus on controlling crime, their approach aligns with which model?

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Question 39

The crime control model's process includes courts determining guilt and guilty people receiving what kind of punishments?

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Question 40

What document's protections form the basis for the due process model's concentration on the defendant's rights?

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Question 41

Which model would be more concerned with the finality of a conviction than the process used to obtain it?

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Question 42

In the 'Murder in the Gym' example for the crime control model, what is the role of the criminal justice system regarding victim's rights?

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Question 43

What is the goal of the due process model according to the text?

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Question 44

Which phrase from the text best summarizes the crime control model's approach to the criminal justice process?

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Question 45

If public opinion polls, such as Gallup polls, show that Americans are fearful of crime, which model's policies would politicians likely promote?

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Question 46

The text mentions two models can be 'merged or balanced to work together.' What does this balance aim to protect?

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Question 47

According to the due process model, guilt is established on the facts and on the condition that the government has done what?

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Question 48

Which model's policies are more likely to be influenced by a high societal fear of crime?

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Question 49

The text describes a tension between the two justice models based on the values they prioritize. What value does the crime control model prioritize?

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Question 50

What is the consequence of illegally obtained evidence (like a warrantless search) under the due process model, as explained in the 'Murder in the Gym' example?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary