1.3 - Describe models of criminal justice Flashcards
What are crime models??
Herbert Packer (1968) - representations of different priorities within the justice system. They were put forward to help us identify where the balance of power lies - can be very difficult for any justice system to achieve a fair balance between Police Powers and Civil Liberties.
This section explores those ideals.
Who was Herbet packer??
American law professor -
Crime Control model
Due Process model
Crime control model??
Main aim is to control, prevent and fight crime. Overriding aim is to reduce crime
Guilt of the accused is implied in order to protect society from violence and danger.
It prioritises punishment as a sanction to prevent and deter people from committing further crimes.
Develop crime control model??
Trust is placed in the hands of police and authorities to carry out investigations properly
Pro-police powers and enhanced powers
Looks for dealing with criminal cases quickly - often called the conveyor belt
What is an example of crime control model??
PACE - can stop and search + arrest anyone on reasonable grounds
Bad Character refs allowed in court
“Convayor Belt”
2 theories we link to crime control??
Right realism - model is conservative and right wing - prioritises order rather than justice through the belief that the crime has been caused by a lack of self-control. A right realist likes zero tolerance strategies if crime was suppressed.
Functionilsim - crime and punishment needs to happen in order to bring about legal change. The idea of a justice system that punishes, means that society demonstrates its disapproval - leads to reform making the justice system improved.
Issues with crime control??
Miscarraiges of Justice - Sally Clark + Colin Stagg
What is due process model??
Uses the opposite principles to the crime control model - presumes innocence of the individual and that every person has a right to a fair trial
Art 6 right to fair trial - suggests that the justice system should provide appropriate safeguards for accused
Develop due process model??
It argues that police powers should be limited to prevent oppression of individual liberties - “obstacle course” as it suggests that there should be legislative obstacles to overcome before a person is convicted to ensure thoroughness of investigation
Examples of due process??
PACE provides codes of practice that set out the rights of the person being detained. When someone is arrested, the codes of practice must be offered to the person so that they can make themselves aware of their rights.
Strict rules on the admission of evidence –hearsay, coercive confessions
Right to a trial by ones peers - dates back to the magna carta
What 2 theories do we link to due process??
Labelling theory - someone is effectively ‘stamped’ with a label, they then become it (a self-fulfilling prophecy) - fits due process model as this idea does not want the police to oppress those that are a labelled as ‘typical criminals’. It also suggests that the police may be tempted to resort to illegitimate means of arresting criminals (particularly as they are front loaded by targets administered by the government to produce good crime reduction figures).
Left realism - ea and Young (1984) argued that there should be minimal use of prison (only where there is a danger to the community) relative deprivation creates - vulnerable communities - leads to criminal victimisation
