Herbert Packer Two Models Of The Criminal Process Summary

In “Two Models of the Criminal Process” Herbert Packer highlights two competing systems of value found in the criminal justice system, the Crime Control Model and the Due Process Model. Through the models, Packer does not make an attempt to establish what should or shouldn’t be done or what is “good” or “bad,” but rather aims to classify how different players in the criminal justice system value certain ideals and how that affects the outcomes or actions taken within the justice system. Although these values represent polar opposites values within the system, there is a grey area or spectrum of people who hold different values from both of the models. Though people hold a plethora of different values to heart, Packer’s “Two Models of the Criminal

The values central to this model are speed and efficiency as well as the apprehension of criminals who disturb the peace and freedom of those around them. This model highlights the rights and well-being of the non-criminal members in society by ensuring that those committing crimes are apprehend and tried swiftly, as to make sure that their defiant behavior doesn’t harm the rest of the members in society. This model is built upon a process where criminals are effectively and rapidly apprehended, tried, and sentenced. Under this model, the criminal justice system should work like an assembly line where everyone is quickly moving toward the same goal of removing those with “antisocial” tendencies to make the world a safer place for members who abide by the laws. The center of this model is the presumption of guilt and that is what allows for the system to rapidly and efficiently deal with large numbers of criminals. Through this model, the criminal justice system is protecting the “freedom,” rights, and safety of law-abiding citizens by apprehending criminals and if mistakes are made, well they are just small prices to ensure the protection of the righteous and the order of