Two Models of the Criminal Procedure

Two Types of the Lawbreaker Process

HERBERT L. PACKER

Source: Published from The Limits of the Felony Sanction by Herbert M. Packer, together with the permission in the publishers, Stanford University Press. ( 1968 by Herbert L. Packer.

In one of the most significant contributions to systematic thought about the government of legal justice, Herbert Packer articulates the values supporting two models of the justice method. He paperwork the gulf existing involving the " Credited Process Model" of lawbreaker administration, using its emphasis on the rights of the individual, and the " Crime Control Model, " which perceives the regulation of criminal perform as the most important function from the judicial system.

T

wo models of the criminal process will we will perceive the normative antinomy at the heart from the criminal regulation. These designs are not branded Is and Ought, neither are they that must be taken in that feeling. Rather, that they represent an effort to fuzy two separate value devices that compete for concern in the operation of the criminal process. Not is provided as either corresponding to reality or representing the perfect to the exemption of the other. Both the models merely afford a convenient approach to talk about the operation of your process whose day-to-day operating involves a constant series of day adjustments involving the competing requirements of two value devices and whose normative long term likewise requires a series of promises of the tensions between rivalling claims. I actually call those two models the Due Method Model and the Crime Control Model.... Even as examine the way the models work in each successive level, we will raise two further requests: first, wherever on a range between the extreme conditions represented by the two models do each of our present techniques seem approximately to fall; second, what appears to be the direction and thrust of current and foreseeable styles along every single such variety? There is a risk in an venture of this sort that is latent in any attempt to polarize. It can be, simply, that values are very various to become pinned into yes-or-no answers. The designs are distortions of actuality. And, since they are normative in character, we have a danger of seeing one or the additional as Good or Bad. Someone will have his preferences, ?nternet site do, yet we should not be therefore rigid regarding demand regularly polarized answers to the array of questions presented in the felony process. The weighty queries of general public policy that inhere in any kind of attempt to discern where on the spectrum of normative decision the " right” answer lies will be beyond the scope with the present query. The make an effort here is primarily to simplify the conditions of discussion by simply isolating the assumptions that underlie contending policy says, and examining the conclusions that those says, if completely accepted, will lead to.

VALUES UNDERLYING THE MODELS

All the two versions we are gonna examine is usually an attempt to provide operational happy to a complex of values underlying the legal law. As I have suggested earlier, it is possible to identify two competing devices of values, the tension among which makes up the intense activity now visible in the advancement the lawbreaker process. The actors in this development—lawmakers, idol judges, police, prosecutors, defense lawyers—do not often pause to state the ideals that underlie the positions that they accept any given concern. Indeed, it will be a major oversimplification to ascribe a coherent and consistent set of values to the of these celebrities. Each of the two competing techniques of principles we will be growing in this section contains pieces that are demonstrably present a few of the time in some of the actors' choices regarding the felony process. No one person has ever identified himself because holding each of the values that underlie both of these models. The models are polarities, and are also the plans of ideals that underlie them. A person who subscribed to all of the beliefs underlying the other can be...

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