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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100033
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What common ground do the crime control and due process models

Resolved Question:

What common ground do the crime control and due process models share? Where do they disagree most?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.
Hello,



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Hey Jason...length on this one?





Customer: replied 6 years ago.
I think we answerd this one yesterday....lol...I lost track some where...
Expert:  Ely replied 6 years ago.
Crime control and due process in the modern world have models that can be quite similar in some ways and contract in other ways. The reason behind this has to die primarily with civil rights as developed in US.

Both crime control and due process share traits in regards XXXXX XXXXX rights. A party is afforded a lengthy list of rights at any stage in crime control or due process. For example, in crime control, the police have to read a suspect his Miranda Warning to ensure that the suspect is legally informed as to his rights. Similarly in due process, before a plea, the Judge ensures that the defendant understands what he is pleading to and the consequences of that plea. This is one of many examples where crime control and due process focus heavily on civil rights.


However, crime control and due process do differ. Crime control allows for situation where peace officers can be deceptive and manipulative. It is generally considered legal for the police to trick a suspect by a ruse to come to the station to be arrested, or to deceive a suspect during interrogation, or to apply some mental and physical pressure in situations where they are trying to enforce calm. On the contrary, the due process does not allow the lawyers who work for the District Attorney’s Office or its equivalent to be deceptive this way – everything that is done is held to the strictest degree of legal efficiency and openness with the Court and the defense attorney.


Indeed, crime control and due process – belonging to the same system – do have similarities and differences.


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