In this article, Herbert L. Packer introduces two analytical models for understanding the operation of the American criminal justice system: the Crime Control Model and the Due Process Model. Rather than proposing these as normative prescriptions, Packer presents them as competing value frameworks that illuminate the structural tensions embedded in criminal procedure.
The Crime Control Model emphasizes efficiency, administrative finality, and the repression of criminal conduct, relying on investigative and prosecutorial screening to resolve cases quickly and decisively. In contrast, the Due Process Model prioritizes reliability, formal adjudication, and procedural safeguards, emphasizing the role of courts in limiting state power and protecting individual rights.
Packer argues that the shape of criminal outcomes is inseparable from the procedural structures used to reach them. The article demonstrates how institutional design, discretionary authority, and procedural shortcuts influence enforcement far more than abstract statements of criminal law. By framing criminal justice as a system governed by competing process values, the article provides a foundational lens for analyzing prosecutorial discretion, administrative enforcement, and the expansion of criminal liability.
This work remains one of the most cited and influential frameworks in American criminal procedure scholarship.
Citation
Packer, H. L. (1964). Two models of the criminal process. University of Pennsylvania Law Review, 113(1), 1–68.
University of Pennsylvania Law Review (PDF)