One risk of the due process model is the principle upheld in the 5th, 6th and 14th amendment of the presumption of innocence (Samaha. 2015). Because of this fundamental right, law violators can be released back into the community while waiting the results of their cases. These criminals are not always immediately taken off the street after committing crimes. While some criminals are held without bail, most criminals are awarded bail. Excessive bail is prohibited based on the 8th amendment (Samaha. 2015). If a defendant is able to afford bail, he or she will be able to go back into the community; risking the safety of the public. This is especially risky if the defendant has a vendetta for someone who has caused them to be arrested and facing a conviction. Not only can a defendant hurt an innocent person, they can flee and escape prosecution by not returning to court. When judges refuses bail, the courts are not concerned with the rights of the individual, but rather than the safety of the public. This method swings toward the crime control model and may be the better choice; which is why due process can sometimes be risky.
Sometimes, cases are thrown out based on technicalities. Technicalities are broken rules that violate due process rights (Samaha. 2015). These violations can stem from not been read Miranda Rights (Miranda v Arizona, 1966), an illegal search and seizure (Mapp v Ohio, 1961) or inadequate counsel (Strickland v Washington, 1984) (Samaha. 2015). If any of these (among others) due process rights are violated, crimes can go unpunished, regardless if evidence can indeed prove guilt. Due process of law is a clause in the 14th amendment and must be followed by the courts (Samaha. 2015). In Powell v. Alabama 1932, the U.S Supreme Court reversed the convictions of nine black men because their due process rights were violated. When fundamental fairness is absent, a conviction will not occur.
