the crime control model, the police should not have to worry too much about how evidence gets collected and 
expanded. Investigative, arrest, and search powers would be considered necessary. A crime control model would 
see this as a slam dunk and no need to waste time or money by ensuring due process rights. If there were any 
legal technicalities, such as warrantless searches of the suspects home, it would obstruct the police from effectively 
controlling crime. Effective use of time would be to immediately punish, especially since the gym had cameras 
and the man did not attempt to hide his identity. Any risk of violating individual liberties would be considered 
secondary over the need to protect and ensure the safety of the community in this model. Additionally, the criminal 
justice system is responsible for ensuring victim’s rights, especially helping provide justice for those murdered at the 
gym. 
The due process model focuses on having a just and fair criminal justice system for all and a system that does not 
infringe upon constitutional rights. Further, this model would argue that the system should be more like an ‘obstacle 
course,’ rather than an ‘assembly line.’ The protection of individual rights and freedoms is of utmost importance and 
has often be aligned more with a liberal perspective. 
3 
The due process model focuses on having a just and fair criminal justice system for all and a system that 
does not infringe upon constitutional rights. Further, this model would argue that the system should be more 
like an ‘obstacle course,’ rather than an ‘assembly line.’ The protection of individual rights and freedoms is of 
utmost importance and has often be aligned more with a liberal perspective. 
4 
Murder in the Gym: Due Process Model by Dr. Sanchez 
Back to the gym murder, the due process model would want to see all the formalized legal practices afforded to 
this case in order to hold him accountable for the shooting. If this man did not receive fair and equitable treatment, 
then the fear is this can happen to other cases and offenders. Therefore, due process wants the system to move 
through all the stages to avoid mistakes and ensure the rights of all suspects and defendants. If the man in the gym 
pled not guilty due to the reason of insanity, then he can ask for a jury trial to determine whether he is legally insane. 
The courts would then try the case and may present evidence to a jury, ultimately deciding his fate. The goal is not 
to be quick, but to be thorough. Because the Bill of Rights protects the defendant’s rights, the criminal justice system 
should concentrate on those rights over the victim’s rights, which are not listed. Additionally, limiting police power 
would be seen as positive to prevent oppressing individuals and stepping on rights. The rules, procedures, and 
guidelines embedded in the Constitution should be the framework of the criminal justice system and controlling 
crime would be secondary. Guilt would get established on the facts and if the government legally followed the 
correct procedures. If the police searched the gym shooters home without a warrant and took evidence then that 
evidence should be inadmissible, even if that means they cannot win the case. 
5 
3. Packer, H. (1964). Two models of the criminal process, 113 U. PA. L. Rev. 1; Yerkes, M. (1969). The limits of the criminal sanction, by 
Herbert L. Packer (1968). Loyola of Los Angeles Law Review 176, 2(1). 
4. Yerkes, M. (1969). The limits of the criminal sanction, by Herbert L. Packer (1968). Loyola of Los Angeles Law 
Review 176, 2(1). 
5. Yerkes, M. (1969). The limits of the criminal sanction, by Herbert L. Packer (1968). Loyola of Los Angeles Law 
Review 176, 2(1). 
Introduction to the American Criminal Justice System
37