Cja 464 - Policy Analysis III

Policy Analysis III

Terry Milton

CJA/464

October 29, 2012

Fred Hammett

Policy Analysis III

The crime control model and the due process model are two models that are used in the criminal justice system. They are two different systems that rival each other. They both intend to reduce crime and protect the public. The crime control model vows that preventing crime and making arrest is the most important idea for them and the due process model vows to prevent crime by eliminating any mistakes, but they both share the constitutional values (gather.com). Upon comparing both models, their opinions are different when talking about the causes of crime. In this paper the drug policy and death penalty policy are chosen for the policy conflict for the crime control model versus the due process model.

According to the Substance Abuse and Mental Health Service Administration (SAMHA), approximately 78 million Americans 12 and older have reported using illicit drugs. Marijuana is the most commonly used illicit drug that these Americans are using. Despite the drug use rate over the past two decades have been declining, drugs arrest have been on the rise over that same period. The FBI’s Uniform Crime Report (UCR), reported that during the period of 1980, drug arrest were at 580,900 and it climbed to 1,532,200 in 1999 (policyalmanc.org).

There are liberals such as the proponents of the due process model who say that the United States are doing too much in the terms of prosecuting drug addicts and other offenders of drugs. Due to these prosecution, overcrowding of prisons have occurred causing federal, state and local level government economic issues. The due process model proponents argue that the focus should be on rehabilitation of drug addicts because we have been preoccupied with putting drug users in prison as opposed to helping them get help for their addiction (drugabuse.net). If it were left up to the proponents of the crime control model, they would make sure that all drug users are arrested. On March 21, 2001, proponents of the crime control model arrested 29 pregnant women for having tested positive for drugs in their urine. This incident occurred because of a hospital policy, that stated that all positive tests of drugs in a person’s system should be turned over to the police; in return they would make an arrest. But because of the due process model, the United States Supreme Courts ruled that pregnant women cannot be subjected to warrantless, suspicion less searches simply because they are pregnant (defensiveinvestigator.net). Because of this ruling no constitutional rights were violated to help strengthen the war on drugs and