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Two Competing Models of Justice - The Due Process Model and Crime Control Method

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Elizabeth Gibbens Assignment #1 Packer's Analysis I. Two Competing Models of Justice The Due Process Model The Due Process Model (DPM) is known as obstacle course justice with an ideology that relies on the formal structure of the law and legal guilt. (1) The DPM's primary goals are to protect the due process rights of the accused and limiting the powers of the state. (2) This model has two values for determining justice first through the use of a formal, adjudicative fact-finding process that emphasizes the rights of the individual and second, an underlying presumption of innocence. (3) The Due Process model of justice is skeptical, allowing for the possibility of error but also has restrictions against the "morality and utility of the criminal sanction". The system emphasizes the quality of crime prevention, with no emphasis on finality. (4) Finally, the DPM's validating authority is judicial and requires an appeal to the legislative...

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