1.3 Models of Criminal Justice

Question 1

Herbert Leslie Packer

(1925 -1972)

Answer 1

• American Law Proffessor + Criminologist
• Book - The Limits of Criminal Sanction
• Brought the idea of Crime Control And Due Process models
• Visible ideas worldwide

Question 2

(right)

Crime Control

Answer 2

• Emphasis on the role of the Criminal Justice system and prevention of crime by the prosecution of an offender
• Accentuates the importance of the justice system for protecting the public through crime reduction
• Crime control values include that if someone is thought to be guilty, they may be punished regardless of rules in place to protect suspect rights
• Depicted as a conveyor belt, with convicting innocents seen as ok due to goalsof conviction overriding civil liberties
• Fear of crime and demand of justice leads to increased crime control

Question 3

key features

Crime Control

Answer 3

• Repression of crime should be the most important function of the criminal justice system, as order is necissary for free society
• Criminal Justice should concentrate on vindicating victims rights rather than protecting the defendant
• Police powers should be expanded to make investigation, arrest, searches and conviction easier
• Legal technicalities that limit police action should be eliminated
• Move cases quickly along to court and closure
• The accused should be presumed guilty if an arrest is made, as the police and prosecutors should be seen as highly reliable
• The main objective of criminal justice should be to discover the truth if the person committed the crime (establish factual guilt)

Question 4

Issues

Crime Control

Answer 4

• Falsified reports
• Tampered evidence
• Innocent people being imprisoned
• Overly authoritarian policing leading to bias, and therefore mistrust of the police.

Question 5

(left)

Due Process

Answer 5

• ** Emphasis on the defendants rights**
  Presumption of innocence
  Right to a fair trial
  Equality before the law
  Justice should be done
• Criminal Justice should be an obstacle course, with teh rights of the suspect emphasised
• Protection should be given to defendants to insure innocents are aqquited and the guilty are charged
• Successful implementation of the Due Process modes should be seen in the Policing and Criminal Evidence Act (PACE), to identify the lack of procedural safeguards during police interviews

Question 6

(key features)

Due Process

Answer 6

• The most important function of the Justice System should be to provide fairness under law (innocents do not get imprisoned)
  Justice should focus on the rights of the defendants, not the victims, as the Bill of Rights expressly provides protection to the defendants
• Police powers should be limited to prevent opression of the individual (stop and searches)
• Criminal Justice should be hel accountable to rules, proscedures and guidelines to ensure fairness
• There should be several procedural safeguards that serve to protect the factually innocent, as well as convict the factually guilty
• The government should not hold an individual guilty soley on the factual evidence - a defendant should be proven both factually guilty and legally guilty in order to secure a conviction.

Question 7

What is Legal Guilt

Answer 7

The government, and respective agencies following the correct procedures whilst handling a case

Question 8

What is Factual Guilt

Answer 8

Whether the individual has committed a crime or not based on the physical and factual evidence

Question 9

Evaluation of Models

Answer 9

Crime Control
A reflection of conservative values
Due Process
A reflection of liberal values

The political climate determines the policy for criminal justice

Both seek crime reduction and punishment for breaking the law

Question 10

(evaluation)

Primary Goal of the Model

Answer 10

Crime Control
* To catch, convict and punish offenders
Due Process
* To protect the innocent, and limit government power

Question 11

(evaluation)

Focus of the Model

Answer 11

Crime Control
* Repression of Criminal Conduct
Due Process
* Respect of Individual Rights

Question 12

(evaluation)

Presentation of the Model

Answer 12

Crime Control
Assembly Line Justice
* Processes cases quickly and efficently in order to secure conviction
Due Process
Obstacle Course Justice
* Presents numerous obstacles in order to prevent error and wrongful conviction

Question 13

(evaluation)

Mood of the Model

Answer 13

Crime Control
Certainty
* The duty is on the defence to prove innocence
Due Process
Scepticism
* The duty is on the prosecution to prove guilt

Question 14

(evaluation)

Concern of the Model

Answer 14

Crime Control
Factual Guilt
* Assumes the individual arrested and chraged is likely the perpetrator, and is guilty. Reliant on informal, non-adjudiacative (not-legal) fact-finding, by Polive or Prosecutors
Due Process
Legal Guilt
* Assumes the individual is innocent iuntil proven guilty beyond reasonable doubt. Reliant on formal, adjudicative (legal) adversary fact-finding

Question 15

(evaluation)

Approach of the Model

Answer 15

Crime Control
Quick Processing
* Offenders are processed quickly in order to achieve justice for victims, and society as a whole
Due Process
Slow and Deliberate
* The offender keeps their dignity and autonomy, as well as preserving and presenting the authority and autonomy of the legal system