Constitutional Law Essay Example | Topics and Well Written Essays - 500 words - 1

Constitutional Law - Essay Example For instance, if a person has been apprehended and charged with a criminal offense, they have to be presumed culpable and should be punished for their misconduct. This theory believes the criminal justice system was developed to control criminal conduct among individuals (Levesque, 2006). On the other hand, the due process model holds that individuals charged with various crimes are generally innocent until proven otherwise. In light of this, any individual charged with an offense should be allowed to enjoy certain unalienable rights. Packer (1968) described the due process model as drawing several similarities from an obstacle in the quest for granting criminal suspects punitive treatment and or sentences. The primary aim of the due process model is that, except for cases whereby suspected criminal offenders hold the society to ransom, they should be granted freedom until they are declared culpable. The model supports the notion that the primary aim of criminal justice is to safeguard the rights of the innocent and condemn the guilty. According to Levesque (2006), crime control model upholds as credible the outcomes of police investigations, and as such, police should have sweeping powers as far as fighting crime is concerned. By handling criminal suspects under police custody as if they are culpable of criminal offense, cases could be resolved as quickly as possible. Crime control, therefore, speeds up the administration of justice. In contrast, the due process model recognizes the importance of police activity in guaranteeing justice to members of the society. However, the powers of the law enforcement officers should be restricted to avoid cases of abuse or maltreatment to criminal suspects. Due process advocates for accountability of various stakeholders in the criminal justice process, which can be achieved by