Crime Control Vs. Due Process

Paper Summary:

The paper explains that a strict crime control focus in penal regulation could virtually ensure the complete elimination of crime in society as well as certain punishment for all violators. The paper explains further that to balance this, the due process perspective prohibits deprivation of the individual's property or liberty without established procedures or processes governing the proper exercise of police authority.

Outline:
Introduction
Balancing the Interests of Crime Control and Due Process

From the Paper:

"In principle, crime control and due process are two opposite philosophical perspectives about crime prevention and punishment in society. However, in practical application, each point of view contributes valuable elements to any system of justice. Without fundamental aspects of crime control, effective policing and prosecution of penal violations would be all but impossible; but without due process protections, everyone in society - both criminals and non-criminals - would be subjected to intrusive state actions with little regard for personal privacy or even the sanctity of one's home.'

Sample of Sources Used:

• Packer, Herbert, L. (1968) The Limits of the Criminal Sanction. Stanford University Press.
• Zalman, Marvin. (2008). Criminal Procedure: Constitution and Society, Fifth Edition. Prentice Hall.

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