1.3 Flashcards
Crime Control Models - Intro
- Herbert Packer (1968) - constructed the two models to represent the two competing systems of values which operate in the CJS;
- one focusing on the victim
- the other on the accused.
One may be more dominant than the other but both may be present.
Although crime control appears to conform to the due process model, Packer argues that in practice the crime control approach is most often used.
Crime Control Model - Summary
- Crime Control focuses on a quick and efficient disposal of cases (conveyor belt approach).
- Protecting the rights of the victims rather than the defendants.
Crime Control Model - Police Power
- Promoting enhanced powers for the police - It aims is to punish and prevent further crime adopting the zero tolerance approach of right realism.
- Securing conviction is the main purpose of the CJS.
Crime Control Model - Main arguments
- Seeks to deal with criminal cases quickly and efficiently. Seeking a conviction at any cost.
- Aim is to punish criminals and stop them committing further crimes.
- Focus on ‘Zero Tolerance’ approach. Links to Right Realism theory.
- Argue police should have enhanced powers to ensure a conviction is achieved. Legal technicalities that restrict the police should be eliminated.
- Doesn’t address the causes of crime or that crime can be deterred through detection and conviction.
Crime Control Model - Areas of law
▪ Introduction of ‘bad character’ evidence & previous convictions information for courts to consider when deciding a verdict.
▪ Removal of legal obstacles to prosecutions - e.g. the ‘double jeopardy’ rule for murder and other serious offences.
▪ Extending detention time for terrorist offences to enable charges to be delayed until evidence is gathered.
Crime Control Model - Right realism
- Primary perspective that crime is a problem that affects the poor
- They believe tough control and punishment is the only way to stop crime
Crime Control Model - Double Jeopardy
- Prosecuting a person more than once for the same offence
Due Process Model - Summary
- Due Process focuses on the liberties of the individual and protecting their right (creating an obstacle course).
- The most important function of the CJS is to provide due process, or fundamental fairness under the law.
Due Process Model - Police Power
- It advocates a reduction in police and government powers.
- This is to prevent oppression of the individual.
Due Process Model - Main Arguments
- The left realism theory of criminality applies. Linked to inequalities created by the capitalist society.
- Presumption of innocence
- Fairness to promotes the defendant’s rights, rather than the victims
- Thorough investigation of evidence and compliance with rules and procedures
- Caring and equal society creates justice
- Right of appeal and retrial for defendants
- Use technicalities to avoid conviction
- Avoid miscarriage of justice
Due Process Model - Areas of law
- Adherence to the procedural safeguards set out under the Police and Criminal Evidence Act 1984
- Adherence to the Human Rights Act 1998(rights to a lawyer, rights to remain silent)
Due Process Model - Left realism
- Left realism argues that crime disproportionately affects working-class people, but that solutions that only increase repression serve to make the crime problem worse.
Colin Stagg - Summary
- Accused of murdering Rachel Nickell
- Only evidence was he fit the profile of someone nearby the scene
- Covert surveillance and honey trap used to try and incriminate Colin
- Judge determined this was entrapment and dismissed evidence, he spent 13 months in custody
Colin Stagg - Link to Crime Control
- Police power abused which led to entrapment and an innocent man presumed guilty
- Invasion of his rights and privacy as police too focused on getting a conviction
Colin Stagg - Link to Due Process
- Judge dismissed the evidence as it was improperly obtained
