The crime control model explains that a criminal’s conduct is the most important part of the criminal justice system. The model further explains that if law enforcement does not keep control of misconduct than society as a whole will suffer. Individuals are born with rights and freedoms and if there is not a stand against criminal activity than it is possible that some of those freedoms could be jeopardized.
Due Process Model
The due process model explains that the main focus should be on the protection of an individual’s rights. All acts should be accounted for and make sure that rights are not being violated. Under the due process model an individual is innocent until proven guilty.
Compare and Contrast
The main similarity that was found with the crime control model and the due process model is justice. The differences are more apparent. The crime control model is focused on the conduct of the criminal and how it is handled throughout the criminal justice process. The due process model is more focused on an individual’s rights and preventing them from being fully understood and represented when needed.
Patriot Act Versus the Fourth Amendment
The Patriot Act was put into action after the tragic events that unfolded on September 11, 2001. The Patriot Act focuses on the safety of the United States as a whole. There may be some controversial issues that arose because of the act being put into action. One of the biggest issues is privacy. If there is reason to believe that an individual or individuals are participating in any form of terrorism the government can and will use any measures available to prove or disprove the actions. This information could be from bank statements, cell phone calls, home calls, or work records to name a few.
Besides checking personal information, one of the biggest changes that has been put into action since September 11, 2001, is the added security measures that are now taken at the airport. There have always been security checkpoints, but now individuals may be required to take off shoes and belts, and go through a body scan or a body pat down. These extra security measures are being taken to make sure individuals are not hiding items on his or her person that could cause harm to others. The benefits of the Patriot Act are individuals and the nation as a whole is able to take certain paths in order to protect the nation’s security. The negative aspect of the Patriot Act is time and privacy.
The Patriot Act is one policy and the Fourth Amendment, to some, shows that what the Patriot Act stands for is in violation of the Fourth Amendment. The Fourth Amendment protects citizens from unreasonable searches and seizures. This may translate to some as a violation of privacy when the government is allowed to search through personal items like bank and phone records. It also may seem like a violation of privacy because security is allowed to now do full body scans. The concern is that the security personnel are able to view the passengers without clothing. This could be justified as an unreasonable search but it is believed to be a deterrent for individuals who may want to try to cause harm to other passengers on the airplane.
Opinions of the Policies
My opinion in regards to the Fourth Amendment is no objection. The Patriot Act I do believe is beneficial to the safety of the entire nation. There may be some situations that may be considered excessive searches and a violation of an individual’s Fourth Amendment. The majority of the truthful accusations are taken care of, but for the majority of the searches I do think that safety is a number one priority.