1.3 describe models of criminal justice Flashcards
who created the 2 models of criminal justice
Herbert Packer 1986
what is the due process model and its main features
- focuses on innocent until proven guilty
- lacks faith in the police
- thinks a few guilty people going free is better than miscarriage of justice
what approach does the due process model take
obstacle course approach : protects rights of accused and prosecutors must overcome this to secure a conviction
what theories does the due process link to and why
left realism: military style policing will lead to society not willing to assist the police and the community won’t want to co-operate
labelling theory: stops agencies oppressing , police may harass ‘typical criminals’ so the model offers a layer of protection
give an example of a case study for the due process model
Sion Jenkins :
-acquitted for murder of foster daughter Billie Jo
- had previously undergone 3 trials with many forensic evidence against him
- there was a thorough investigation in order to avoid wrongful convictions
- had his legal rights protected as he had right to appeal
what is the crime control model and its main features
- prioritises catching offenders quickly
- presumes guilt
- has faith and trusts the police
- rights of victims are emphasised
- a few innocent people convicted is worth many guilty offenders also being punished
what approach does the crime control model take
conveyor belt approach: quickly prosecuting and punishing offenders
what theories does the crime control link to and why
right realism: zero tolerance policy in preventing crime
functionalism: punishment reinforces social moral boundaries of society, main function of justice is punishment, strengthening social cohesion
give an example of a case study for the crime control model
Colin Stagg:
- police set up ‘honeytrap’ for murder of Rachel Nickel
- only focus was justice
- the police used their enhanced powers, violating the human rights of Colin
