First of all, it is essential to mention that I believe that it is impossible to apply only one model. On the one hand, people should live safely, and their protection requires crime control and severe though just punishment of offenders as a preventative measure. On the other hand, citizens’ constitutional rights should be respected as well (Ferdico et al., 2016). At the same time, I think that the due process model should be applied in the majority of criminal cases.
First of all, the criminal justice system is never perfect, and mistakes in the process of investigation may occur. Taking into consideration that any person’s civil rights and dignity should be considered, it is not right to regard an arrested and charged person as a criminal until his guilt will be fully proven (Ferdico et al., 2016). Thus, the due process system that “assumes that someone is innocent until proven guilty beyond a reasonable doubt” is more respectful (Ferdico et al., 2016, p. 5). In addition, the formal, adjudicative, and fact-finding processes of this model guarantee legal investigation and the system’s respect for citizens.
In addition, from a personal perspective, this respect should be preserved after the sentence as well. Those individuals who commit crimes should not have an opportunity to escape punishment. However, as previously mentioned, the system is not perfect, and the innocent should be protected anyway as emphasized by the due process model (Ferdico et al., 2016). Moreover, under this model, all parts of the criminal justice system, including the police, are limited to prevent oppression concerning citizens. In general, I support the due process model as it provides fundamental fairness and due process under the law.
Reference
Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2016). Criminal procedure for the criminal justice professional (12th ed.). Cengage Learning.