Monday, February 8, 2010

What's the difference between factual guilt in crime control model, and legal guilt int he due process model?

Legal guilt in the due process model is much more difficult to prove. It is to ensure that innocent people are never wrongly convicted of a crime, even if that means more guilty people go free as a consequence.





On the other hand, factual guilt would put more guilty people behind bars, but at the cost of occasionally finding an innocent person guilty by mistake.





Legal guilt in the due process model also cannot be achieved in the person is only proven guilty through illegal investigative techniques. For example, if I search your house without a warrant and I find you with dead bodies stuffed in your closet, I can't use that information against you because I should have never been in your house without a warrant in the first place. If I had followed the law and not illegally searched your house, I would not know you're guilty.

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