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Throughout this course, we have been discussing the ongoing debate between the crime control model and the due process model of law enforcement. Remember that each model prioritizes different values:
These competing models represent a tension that is central to the U.S. criminal justice system, and their influence can lead to dramatically different outcomes. Looking ahead, the balance between crime control and due process will help shape the future of law enforcement. Let’s take a look at future outcomes. We’ll explore what might happen with more focus on the crime control model, with more focus on the due process model, or with a combination of the two models.
If the U.S. shifts toward the crime control model in the future, there are several potential outcomes and implications for law enforcement, public safety, and individual rights. A shift towards the crime control model would increase:
EXAMPLE
Technologies such as facial recognition and artificial intelligence (AI) could also enhance the ability of police to identify and apprehend suspects more quickly (Epstein & Emerson, 2024).An advantage of this approach would be faster case resolutions and more efficient policing, to reduce backlogs in the courts and improve public safety by ensuring that people are apprehended and convicted quickly. In high-crime areas, this could lead to reductions in crime because police would focus on identifying people who break the law (Navigating Legal Safeguards, 2022). However, this approach could come at the expense of individual rights. Streamlined processes may limit peoples' ability to challenge evidence or seek amends for police misconduct. This could result in an increase in wrongful convictions and the further marginalization of people already facing biases.
A future focusing on the crime control model would likely lead to expanded surveillance capabilities and enhanced law enforcement powers.
EXAMPLE
Technologies such as drones, license plate readers, and biometric data collection could allow police to monitor citizens more closely (Davies, 2021).A benefit of this approach is that expanded surveillance can deter crime and make it easier for law enforcement to detect and prevent crime before it occurs.
EXAMPLE
Predictive policing models can allocate resources more effectively by identifying areas and people likely to be involved in crime (Predictive Policing Forecasting Crime for Law Enforcement, n.d.).However, increased surveillance raises privacy concerns. The expansion of these technologies without adequate oversight could result in abuses of authority, including racial profiling and illegal searches. Additionally, such technologies often disproportionately affect minority and low-income communities, exacerbating social inequalities in law enforcement (Lee & Chin, 2022).
A future that prioritizes the due process model would strengthen individuals’ legal protections and accountability in policing. The due process model advocates for stronger legal protections to ensure that people are not wrongfully convicted or subjected to unfair treatment. With an emphasis on this model, we may see:
A due process-oriented future would likely prioritize holding law enforcement accountable for misconduct, with greater oversight of police actions and stronger protections for individuals’ rights (Raffish, 2021). Measures such as civilian review boards and body camera mandates may become more widespread.
A benefit of increased accountability is that it ensures the police are held responsible for misconduct, such as excessive use of force or violations of constitutional rights. Civilian oversight can help restore public trust in the police, particularly in communities that have experienced discriminatory practices. However, some law enforcement agencies may resist increased oversight, arguing that it undermines their authority and makes it more difficult to do their jobs (Dungca & Abelson, 2021).
The future of law enforcement and criminal justice will likely involve a continued tension between the crime control and due process models. While both approaches have value, the goal is to find a balance that protects public safety without sacrificing individual rights.
Policymakers, law enforcement agencies, and communities need to engage in conversations to strike this balance and ensure that the criminal justice system remains both effective and fair. As law enforcement agencies adopt new technologies, such as predictive policing, AI, and surveillance tools, they will need to ensure that these innovations align with both crime control and due process values. While technology can enhance crime fighting capabilities, law enforcement agencies must use that technology in ways that respect privacy, avoid bias, and uphold constitutional rights (Laufs & Borrion, 2022).
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REFERENCES
Abrams, Z. (2020, October 1). What Works to Reduce Police Brutality. Apa.org; American Psychological Association. www.apa.org/monitor/2020/10/cover-police-brutality
Davies, D. (2021, January 27). Surveillance And Local Police: How Technology Is Evolving Faster Than Regulation. NPR.org. www.npr.org/2021/01/27/961103187/surveillance-and-local-police-how-technology-is-evolving-faster-than-regulation
Dungca, N., & Abelson, J. (2021, April 27). When communities try to hold police accountable, law enforcement fights back. Washington Post.www.washingtonpost.com/investigations/interactive/2021/civilian-oversight-police-accountability/
Epstein, B., & Emerson, J. (2024). Policechiefmagazine.org. www.policechiefmagazine.org/navigating-future-ai-chatgpt/
Laufs, J., & Borrion, H. (2022). Technological innovation in policing and crime prevention: Practitioner perspectives from London. International Journal of Police Science & Management, 24(2), 190-209. doi.org/10.1177/14613557211064053
Lee, N. T., & Chin, C. (2022, April 12). Police Surveillance and Facial recognition: Why Data Privacy Is Imperative for Communities of Color. Brookings. www.brookings.edu/articles/police-surveillance-and-facial-recognition-why-data-privacy-is-an-imperative-for-communities-of-color
Navigating Legal Safeguards: The Crime Control Model Unveiled. (2022). attorneys.media/glossary/crime-control-model/
Pickett, J. T., & Ryon, S. B. (2017). Procedurally just cooperation: Explaining support for due process reforms in policing. Journal of Criminal Justice, 48, 9-20. doi.org/10.1016/j.jcrimjus.2016.11.002
Predictive Policing Forecasting Crime for Law Enforcement. (n.d.). www.rand.org/content/dam/rand/pubs/research_briefs/RB9700/RB9735/RAND_RB9735.pdf
Raber, T. (2024, April 8). The Crime Control and Due Process Models. Workforce LibreTexts. workforce.libretexts.org/Bookshelves/Corrections/Criminal_Court_Processes_and_Procedures_(Raber)/01%3A
Raffish, B. (2021, February 17). Civilian Oversight as a Police Accountability Mechanism. Default. www.lawfaremedia.org/article/civilian-oversight-police-accountability-mechanism