Criminal justice is the system that the government implements to ensure order, minimize crime, and
protect its citizens, all while protecting individual rights. With such a broad spectrum of tasks that this
ensues, subjectivity on the role of criminal justice is inevitable. There are many different perspectives
regarding which parts of criminal justice should take precedence over others. Crime control and due
process are both implemented by the criminal justice system, and due process is, in my opinion, slightly
more important (although they both are necessary).
The crime control perspective of criminal justice places its importance in
deterrence of crime through sanctions on offenders, as Albanese suggested.
In the crime control perspective, one believes that repression of crime should be
considered the most important function of criminal justice because order is extremely important (Criminal
Justice). The police engage in many behaviors, procedures, and activities regarding
crime control. For example, criminal investigation is a component of crime control
considering the police are using evidence in an attempt to catch an offender and impose
sanctions on him/her. The police are trying to deter crime through sanctions, and this is
a main facet of the crime control perspective. Another example of the crime control
perspective being implemented by the criminal justice system is traffic management.
Regarding traffic management, the police can give tickets or at least scare speeders
with a warning in an attempt to deter them to speed again and to deter other drivers
from committing this crime (The Police).
The due process perspective stresses the responsibility the criminal
justice system has to protect the rights of the individual, according to
Albanese. This means providing fair and equal treatment for every offender
(Criminal Justice). An example of the due process perspective being
implemented by the criminal justice system is found in Kulko v. Superior
court. In this case, a couple married in New York and had a son. They later got a divorce and the
mother moved to California while the child stayed with his father. Later, the child moved to California
to live with his mother. His mother sued his father for child support in California, but the defendant
(father) claimed that since he did not reside in California and had never even been to California it
would be unfair (a denial of due process) for him to be tried there. The U.S. Supreme Court upheld
this, stating that the mother needed to bring her child support case to New York (Fundamentals of
Corrections). Another example of due process being upheld in the criminal justice
system is the presumption of innocence. In the courtroom, one must be considered
innocent until proven guilty. Application of this principle is actually a legal right of the defendant of a
case. The evidence presented must ensure that the defendant is guilty beyond a reasonable doubt. This
is an example of due process because it ensures that the rights of the individual (the defendant) are
protected.
Although both the crime control perspective and the due process perspective are absolutely essential to
the criminal justice system, I believe that due process takes priority over crime control. The government
was created to protect the individual, and I believe that it should still be its main purpose. When I think
about a government solely operating on crime control, I think of repression and feel as though the
government is "out to get" me. I do not think the government officials should be out to get citizens and I
truly believe in the presumption of innocence. If the government and citizens cannot develop trust, what is
the point of it all?
Both crime control and due process are imperative for both society and the criminal justice system to
function. Crime control stresses deterrence of crime through sanctions on offenders. Due
process amplifies the importance of the rights and protection of the individual. To me,
due process should be prioritized over crime control based on the nature of America
and the ideology that our country was based on. The individual should be protected and
should have his/her rights respected at all times, above everything.
Albanese, J.S. (2013). Criminal Justice, 5th ed. Pearson :NJ.
Fundamentals of corrections. (n.d.). Retrieved from
http://www.xln.biz/CRIJ2313/Fundamentals1/Fund1_5.htm
The police. (n.d.). Retrieved from
http://samples.jbpub.com/9780763756482/56482_CH04_Regoli.pdf