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Lecture 4

LS 101 Lecture 4: Module 4 - Two Models of the Criminal Process

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University of Waterloo
Legal Studies
LS 101
Patrick Watson

Module 4: Two Models of the Criminal Process The Crime Control Model: Model assumes that crime and social disorder threaten our liberty and that freedom is only possible with social order Most Important Function: maintaining social order and repressing crime Crime control model places faith in the police force Police operate on a presumption of guilt Evidence obtained illegally is allowed as long it does not bring the criminal justice system into disrepute Must be able to function with larger of cases with limited resources Encapsulated by the phrase Throw the book at them. The Due Process Model: Model assume that the greatest threat to our freedom comes from the misuse of power and authority Antiauthoritarian value system Powers given to the police and other agencies must be severely limited Highest Priority: protection of individual rights Evidence obtained illegally is ruled inadmissible in law Operating Principle: presumption of innocence Encapsulated by the phrase Doing it by the book. Critique of Both Models: Both emphasize the role of law although each views law as having difficult purposes protecting society vs protecting individual rights Due process model protects ordinary individuals in their jobs Under a due process model, right of individuals are often given priority over the rights of society Allows criminals to go free on legal technicalities Costs taxpayers millions of dollars to process criminals due process has legalistic bias as Supreme Court bases their decisions on strictly legal criteria with little regard for the social consequences of such decisions such decisions could bring criminal justice system into disrepute as people take justice into their own hands due process model challenges the police by making them more accountable Canadian values are changing towards a greater acceptance of the due process in everyday activities Leading to the Americanization of Canada and the introduction of an individualistic, adversarial, and litigious value system
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