Criminal procedure is the process taken by the government that begin with a criminal charge and results in a conviction or acquittal. According to Joel Samaha (2015), the process begins in public with a defendant committing a crime. It is then followed by the defendant going to the police station, the prosecutor, the courthouse, then if necessary, prison (Samaha. 2015). Within the procedure of criminal justice, rules must be followed. These rules protect the constitutional rights of the defendant. It also ensures that all stages of the criminal process is conducted indiscriminately. From the start of the case, the government decides how the case will be handled. There are two models the courts follow and is often falling in between the spectrum of crime control and due process. .
Crime control takes the approach of a suspect being "guilty until proven innocent." This model is community focused and is concerned with "community security" (Samaha. 2015). On the other hand, due process guarantees fair procedures for deciding court cases (Samaha. 2015). The due process model takes time to come to a decision. It is focused on individual rights and would rather take a lengthy process to convict a guilty person rather convict an innocent person (Samaha. 2015). The American criminal justice system has a pendulum swinging between both of these models, but currently it is favoring the due process model. Current justices are pushing for the will of the people (Samaha. 2015). They are emphasizing the importance of individual rights and fairness. Nevertheless, favoring this model exclusively eludes to certain risks. Due process allows offenders to remain free until proven guilty. It also can lead to a not guilty verdict when the suspect is, in fact, guilty. This can happen if the evidence used in the case was obtained illegally. This model protects the life, liberty and property of everyone; innocent citizens and defendants.
