The Due Process and Crime Control Models of Criminal Justice

Resumo

This essay has as main target the study of structures, functions,
duties and rules of government agencies in charge of criminal law
enforcement, which perform their multiple roles as soon as a crime
is committed. Since the first attendance by the police forces, until
the definitive sentence by the highest Criminal Court, several and
complex individual and social rights are involved, aiming at both a
valid investigation as a fair trial. First, some important questions will
be focused: what are all the agencies and institutions that constitute the
so-called ‘criminal justice system’? Do they operate properly toward
each others? Do they constitute a true system? Then, by analyzing
the criminal process models and crime control patterns, and seeking
to establish the necessary balance between public interests and civil
liberties, the essay shall study the key features and problems related
with the criminal punishment, understood as the most violent – but
necessary – government interference in the citizen´s life. Finally, as
the core concern of this work, it will be explained how (and if) the
Criminal Justice System is able to be effective for the community safety
and respectful towards the individual rights, at the same time.