Criminal Procedure Policy ALL CAPS 1 Criminal Procedure Policy Paper Criminal Procedure CJA364 Heading There are two models of criminal process and each of them has Criminal Procedure Policy ALL CAPS 2 opposed the other for years They are the due process model and the crime control model If we go by the words of Zalman it is stated that the standard that any person will not be underprivileged of his life his liberty or his property without having a suitable legal course of action and protection that is set in place under the due process model The due process model works under the guidelines that any person or persons who have been charged with a criminal act is to his or her rights protected by the justice system Police officers have to go on the possibility supreme trustworthiness of police fact finding treats the person s arrested as if he or she were found guilty N A 2008 Heading Each system was designed by Herbert Packer a Stanford University law professor with the intentions to represent the two competing systems of values that operate within our criminal justice system In this paper we will attempt to compare and contrast the role of the due process and crime control models have on shaping criminal procedure policy We will review and assess the impact on the criminal justice system and how the Fourth Fifth Sixth and Fourteenth Amendments of the United States Constitution are as well as the applicability of The Bill of Rights to the states via the Fourteenth Amendment When dealing with a criminal situation the model Criminal Procedure Policy ALL CAPS 3 that courts lean toward favoring is the due process model The due process model is set in place for every person Heading It doesn t matter if they have committed a crime or not The goal of the due process model is to ensure that the rights of each and every citizen is protected and enforced The difference begins to take place at the law enforcement level Law enforcement uses the crime control model and has a mindset and a responsibility to protect the innocent and arrest the criminal This includes the accused criminal In text Citation Heading Their primary goal is to see that the criminal is to be prosecuted and sentenced for their crime and actions There are more differences between the two models The due process model could be considered to be a form of law enforcement from within the criminal justice system and is an extremely important measure to ensure we maintain a proper level of justice within our culture and society The crime control model is one that believes that our criminal justice system maintains a negative effect and slowly puts a stop to the progress as well as the process of the criminal justice system when people are arrested The due process model maintains that it is important to actually prove that a person is guilty In text Citation Criminal Procedure Policy ALL CAPS 4 Heading It is done this way because they feel it is important to keep the government from getting out of control and to ensure the defendants rights The crime control model feels differently and offers a different perspective It is their belief that the criminal justice system has a higher responsibility to the public and rather than spending more money by building more detention centers and paying police officers better they feel the due process model wastes money and effort defending the rights of citizens especially those who are thought to be criminal Although they are very different they are similar in several ways The due process model as well as the crime control model has the same guidelines regulations and laws they must follow as demonstrated within the United States Constitution In text Citation Heading It doesn t matter which approach either side decides to take the due process model and the crime control model must first look to the Constitution and it s Amendments to ensure they each approach effectively and in the correct way Fourth Amendment The Fourth Amendment is the right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or Criminal Procedure Policy ALL CAPS 5 affirmation and particularly describing the place to be searched and the persons or things to be seized U S Const Amendment IV Zalman 2008 The Fourth Amendment gives an individual that they have security This applies to each of the models we have discussed because this Amendment gives citizens the right to their own property without having to fear of any agency or organization invading their rights without proper justification and legal authority Evidence unless maintained according to preset guidelines and without permission can and will not be used against them Fifth Amendment The Fifth Amendment ensures a citizen that they will be protected against self discrimination A person who is being convicted of a crime may choose not to speak to law enforcement or authority figures in regards to a specific crime without them being represented The individual is given the option to answer questions pertaining to evidence being presented or wait until an appropriate defense representative is present At this time they can attempt to reason with the person being accused and their defense then the process will begin based on the ability to find a probable cause In the event that the accused being questioned may not realize their rights in regards to the questioning nor the facts of what to or not to answer can be based on self discrimination Criminal Procedure Policy ALL CAPS 6 Sixth Amendment In all criminal prosecutions the Sixth Amendment states the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor and to have the Assistance of Counsel for his defense US Const Amendment IV Zalman 2008 This Amendment allows a person accused to be able to secure their rights to a speedy trial to have the jurisdiction be in the place of where the original crime took place The Sixth Amendment allows for the person who committed the crime to have the right to obtain witnesses on their behalf and have the right to