Why is due process such a central notion in American criminal justice

Due process is essential to ensure that innocentpeople are not convicted of crimes. Two models of the criminal justicesystem are 1) crime-control model and 2) due process model. Thecrime-control model resembles a steamroller or assembly line justice inwhich a premium is placed on solving and closing cases with little to noconcern for the individual’s rights or attention to guilt or innocence. With the assumption being that most suspects are guilty

The due process model assumes that it is more important that therights of the innocent or falsely accused are protected. This modelresembles an obstacle course. This model would include strictregulation of police enforcement, independent and impartial judicialprocesses (due process) and imposition of proportional and justiFablepunishment. This model emphasized the need to reform peoplethrough rehabilitation. It is based on the doctrine of legal guilt and thepresumption of innocence. Supporters of this model argue that anypretrial detention should be used sparingly and that all people shouldbe entitled to remain free until they are found guilty, unless they posea threat to society. The supporters also argue for the elimination of thegrand jury which has become a rubber stamp, more or less, for prosecutors.

The courts generally prefer the due process model because it equallyfavors all citizens, even the criminally accused, by securing their rightsand freedoms. While law enforcement agencies generally prefer thecrime control model. Many agencies treat the arrested as if they arealready guilty and emphasize the arrest, prosecution and conviction of those who have broken the law.

As a result, it the crime-control model dominates, criminal courts willprobably handle an increasing number of juveniles. Juvenile courtsmay be eliminated altogether because if the due process dominates, juvenile justice might be eliminated anyway because of the concerns about procedural rights.