犯罪控制模式 正当程序模式 Crime Control mode Due Process model Assumes freedom is so Assumes freedom is so important that every effort important that every effort must be made to repress crime must be made to ensure that Seeks to make decisions that government intrusion follows will identify factual guilt legal procedure. Seeks to make decisions that Follows rules that emphasize will identify legal guilty the repression of criminal activity. Follows rules that emphasize containing the governments Emphasizes efficiency of action level of intrusion into citizens Requires a high rate of lives apprehension and conviction Emphasizes legitimacy of by early exclusion of those not action likely to be guilty Insists on a formal adjudicative, adversarial fact finding process, even through such restrains may keep the process from operating with maximal efficien 88 犯罪控制模式 正当程序模式 Crime Control Model Due Process Model ◼ Assumes freedom is so important that every effort must be made to repress crime ◼ Seeks to make decisions that will identify factual guilt. ◼ Follows rules that emphasize the repression of criminal activity. ◼ Emphasizes efficiency of action ◼ Requires a high rate of apprehension and conviction by early exclusion of those not likely to be guilty. ◼ Assumes freedom is so important that every effort must be made to ensure that government intrusion follows legal procedure. ◼ Seeks to make decisions that will identify legal guilty. ◼ Follows rules that emphasize containing the government’s level of intrusion into citizens lives. ◼ Emphasizes legitimacy of action ◼ Insists on a formal , adjudicative, adversarial fact￾finding process, even through such restrains may keep the process from operating with maximal efficiency