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Professor Packer’s idea of the Due Process Model and the Crime Control Model of the criminal justice process

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Professor Packer’s idea of the Due Process Model and the Crime Control Model of the criminal justice process

A classic exposition of the order-liberty tension in the context of constitutional criminal procedure is Herbert Packer’s “two models of the criminal process”. Rather than using the terminology of political theory (“liberty” and “order”) packer examined the competing values that underlie our constitutional order through two models. Explain Professor Packer’s idea of the Due Process Model and the Crime Control Model of the criminal justice process. Give some examples to give an idea of the models. Professor Packer warned that one is not “good” and the other “bad”, both embrace constitutional values and are necessary to the kind of society in which we wish to live. Explain how this is so and finally, do you agree? Which of the two models do you favor? Do you agree that both are necessary to have the kind of society in which we wish to live? A thorough and complete answer should be no shorter than 2 pages in length (approx. 500 words) Please submit as a word document (attach) or you may cut and paste and insert into the box provided below.

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