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Chapter 14 -

Understanding and
Predicting the Future of
Criminal Justice
A Framework for
Understanding the Future of
Criminal Justice
The principal guide that informs our
predictions of the future directions of criminal
and juvenile justice is Herbert Packers model
of the U.S. criminal justice process.
A Framework for Understanding
the Future of Criminal Justice
In his influential 1968 book entitled The
Limits of the Criminal Sanction, legal scholar
Herbert Packer describes the criminal justice
process in the U.S. as the outcome of
competition between two value systems:
The crime control model
The due process model
crime control model
One of Packers two models of the criminal justice
process. It reflects traditional politically conservative
values. In this model, the control of criminal behavior
is the most important function of criminal justice.
The Crime Control Model
Advocates of the crime control model want to
make the process more efficientto move
cases through the process as quickly as
possible and to bring them to a close.
Packer characterizes the crime control
model as assembly-line justice.
The Crime Control Model
Crime control advocates prefer plea
bargaining to jury trials, which slow down the
process.
The Crime Control Model
The key to the crime control model is a
presumption of guiltif a person has been
arrested and charged, they must be guilty.
due process model
One of Packers two models of the criminal justice
process. It embodies traditional politically liberal
values. In this model, the principal goal of criminal
justice is at least as much to protect the innocent as it
is to convict the guilty.
The Due Process Model
The due process model is based on the
doctrine of legal guilt and the presumption of
innocence.
Crime Control vs. Due Process
Which of the models dominates criminal
justice policy in the U.S. at any particular time
depends on the political climate.
Neither model is likely to completely
control criminal justice.
The Future of Law Enforcement
If the future of law enforcement increasingly
reflects the principles and policies of the
crime control model, then we might expect
fewer limitations on how the police attempt to
combat crime.
The Future of Law Enforcement
Greater intrusion into peoples lives will be
facilitated by advances in electronic
surveillance.
Technological advances will continue in the
future.
The Future of Law Enforcement
On the other hand, if we see a shift to the
principles and policies of the due process
model, we should expect existing limitations
on how the police combat crime to remain
intact or even be expanded.
The Future of Law Enforcement
Regardless of which of Packers two models
dominates in the future, community policing
is likely to become standard practice
throughout the country, as police officers
becomes known as public service officers.
The Future of Law Enforcement
One new development is DNA profiling,
which will probably become a routine law
enforcement tool in the near future.
Perhaps the most thorny issue with DNA
profiling is how the DNA database will be
collected and used.
The Future of Law Enforcement
If the due process model
prevails, the DNA
database will probably
comprise samples taken
only from booked
suspects, as is the current
practice with
fingerprints.
If the crime control
model prevails, the DNA
database may comprise
DNA samples taken
shortly after birth from
all infants born in the
U.S.
The Future of the
Administration of Justice
Due process model enthusiasts argue for the
elimination of the grand jury, which they say
has become a rubber stamp for prosecutors.
The Future of the
Administration of Justice
The crime control model
would likely see
expanded use of pretrial
detention, which would
encourage guilty
offenders to plead guilty.
Due process model
supporters argue that
pretrial detention should
be used sparingly if at
all, and that people
should be entitled to
remain free until they are
found guilty unless they
pose a threat to society.
The Future of the
Administration of Justice
If the crime control
model dominates, it is
likely that appeals will
be strongly discouraged
and limited.
If the due process model
dominates in the future,
there will probably be no
limitations on the right to
appeal.
The Future of the
Administration of Justice
If the crime control
model dominates,
criminal courts will
probably handle an
increasing number of
juveniles. Juvenile courts
may be eliminated
altogether.
Ironically, if the due
process model
dominates, juvenile
justice might be
eliminated anyway,
because of concerns
about procedural rights.
The Future of the
Administration of Justice
It is likely that whichever model dominates,
most conflicts will be handled differently,
through alternative dispute resolution
programs.
The Future of the
Administration of Justice
Restorative justice, an alternative to the
punitive justice currently used in the U.S. may
be used in the future
restorative justice
A process whereby an offender is required to
contribute to restoring the health of the community,
repairing the harm done, and meeting victims needs.
The Future of the
Administration of Justice
Another form of restorative justice that may be
adopted in the U.S. is reintegrative shaming.
reintegrative shaming
A strategy in which disappointment is expressed for
the offenders actions, the offender is shamed and
punished, but, what is more important, following the
expression of disappointment and shame is a
concerted effort on the part of the community to
forgive the offender and reintegrate him or her back
into society.
The Future of the
Administration of Justice
Technology will also change the administration
of justice in the future:
Defendants can appear in court via interactive
television, reducing transportation costs, and
allowing jails/prisons to be built far away from
cities.
Witnesses can provide videotaped testimony, or
testify via interactive television.
The Future of Corrections
In the area of corrections, crime control is,
and will probably remain, the paramount goal,
regardless of which model of justice
administration dominates in the future.
The Future of Corrections
Perhaps the most divisive issue that will
confront correctional policy makers in the
future is whether increasingly scarce
resources should be devoted more to
punishment or to rehabilitation.
The Future of Corrections
Most people knowledgeable about corrections
in the U.S. paint a rather bleak picture of the
future:
The number of citizens under correctional
custody will continue to increase.
Health costs will continue to escalate.
Increasing numbers of offenders will consume
increasingly larger budgets.
The Future of Corrections
Alternatives to incarceration will not
prevent the need to fund hundreds of costly
new jails and prisons.
Governments will resist spending on
corrections, and will increase reliance on
alternatives to incarceration, privatization,
and the use of new technology.