The Grand Debate

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Pages: 5

The Grand Debate
Introduction
Within this paper this learner will discuss public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal practice and procedure attempts to balance the two. This learner hope by the end of this research that we will have a better understanding of how these procedures work within our legal system.
Public order (crime control)
Most of us are not very familiar with the term Crime Control Model; we mostly refer to this model as just Crime Control or Public order. This model was “developed by Herbert Packer and presented to the academic world in his analysis of the criminal justice system in the 1960’s, were he hope that his model would help to places emphasis and
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Well, according to Due process (n.d., para. 1), which is mention twice in our constitution in the Fifth and the Fourteenth Amendment based on its importance’s states that: the Fifth Amendment, that the federal government shall not “deprived any individual(s) of life, liberty or property without due process of law, and the Fourteenth Amendment uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states” (“Due Process”, n.d., para. 1). Basically, these words hold a central promise and an assurance that all “American government at all legal level must operate within the law ("legality") and provide fair procedures” (“Due Process”, n.d., para. …show more content…
Brady, and stated that they upheld the Sixth Amendment’s guarantee of counsel because it is a fundamental right that is essential to a fair trial and, as such, applies the states through the Due Process Clause of the Fourteenth Amendment” (“Facts and Case”, n.d., para. 9). So, by us overturning Betts v. Brady, 316 U.S. 455 (1942, because they “recognize that in the adverse system of criminal justice, any person hauled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him/her” (“Facts and Case”, n.d., para. 9), because, no poor individual who is charge with a crime should have to face his accuser without representation by an attorney to assist them with their