Prepare for the Criminal Justice Test with our study materials. Use flashcards and multiple choice questions, each question comes with hints and explanations. Ace your exam confidently!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.


What essential principle of American criminal justice is undermined by a presumption of guilt in the crime control model?

  1. Right to counsel for defendants

  2. Innocent until proven guilty

  3. Protection against self-incrimination

  4. Right to a jury of peers

The correct answer is: Innocent until proven guilty

The principle of "innocent until proven guilty" is foundational to the American criminal justice system and is rooted in the belief that a person should not be assumed guilty without sufficient evidence. This presumption of innocence ensures that the burden of proof lies with the prosecution, requiring them to provide convincing evidence before a conviction can be secured. In the crime control model, which emphasizes the efficient apprehension and punishment of offenders, there can be a tendency to foster a presumption of guilt. This can lead to practices that prioritize quick resolutions and convictions over the careful consideration of evidence and individual rights. When individuals are presumed guilty, they may not receive the fair treatment they deserve, which is essential to ensuring justice and upholding the integrity of the legal system. The other options, while important, relate to specific rights and protections within the legal framework but do not directly address the fundamental presumption of innocence that is essential for maintaining fair and just legal proceedings. The presumption of guilt inherently challenges the core principle that operates until guilt is established, highlighting the delicate balance the criminal justice system must maintain between effective law enforcement and protecting individual rights.