Title: Ideology in Criminal Procedure or A Third "Model" of the Criminal Process
Abstract:American thought about criminal procedure is confined within a prevailing ideology.'By describing an alternative, I shall seek to il-This title, as the reader will understand in retrospect, is in seve...American thought about criminal procedure is confined within a prevailing ideology.'By describing an alternative, I shall seek to il-This title, as the reader will understand in retrospect, is in several respects something of a misnomer.A central theme of this article is that Packer, to whose article of a similar name, see note 2 infra, this title alludes, has given us not the tv.'o "models" he claims, but only one; hence this article should be entitled "A Second Model of the Criminal Process."It seems better to sacrifice such logic to rhetorical convenience.A similar consideration dictated use of the word "model," despite the fact, discussd in note 14 infra, that we are concerned with ideologies and perspectives, not models.Finally.one of the most important features of the alternative ideology I shall develop is that it rejects the dichotomy between substance and process characteristic of the kind of thinking about criminal procedure which Packer exemplifies and which is implicit in the title I have borrowed from him.Read More