DUE PROCESS AND CRIME CONTROL MODELS

There is something biased about the term "criminal law". The bias is in favor of the prosecution, assuming that "criminal law" is focused on a criminal. Yet, in our system of laws no one is guilty (i.e. a criminal) until convicted. Packer places these two models at opposite ends of the spectrum. The polarity, he assumes, varies according to what he calls the framework of modern American society. From this, he tends to explain that even though one can appeal, there are relatively few conclusive positions that can be reached by such appeals to the Constitutional make-up of laws and their limitations. After all, the Supreme Court has really little (if anything) to do with a guilty or not-guilty verdict, only whether laws were upheld or broken during the trial.

It seems that Packer's definition of "presumption of innocence) as merely a direction in which the trial is to move, there may be some cases in which this presumption of innocence has been breached before a single judge bangs his gavel. In Katz v. U.S. (1967) the "bugging" of a public telephone booth occupied by the eventual defendant was seen as violating the Fourth Amendment dealing with the legality of search and seizure. As Packer explains his "Crime Control" model, he sees the center of gravity lying in the early stages of fact-finding. Fact finding and evidence-gathering must proceed on legal and Constitutionally accepted grounds. Katz v. Us (1967 489 U.S. 954) determi

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Approximate Word count = 1168
Approximate Pages = 5 (250 words per page)

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