AC 1.3 Flashcards
Describe models of criminal justice
Who created the two models of criminal justice?
Herbert Packer (1968) created the two models of criminal justice, these are two contrasting set of values which shape the way the criminal justice system works.
The crime control model of justice.
The due process model of justice.
The crime control model
Crime is a threat to people’s freedom, the goal is the suppression of crime. The aim is to catch and punish offenders, deterring and preventing reoffending.
Based on the presumption of guilt, trusts the police to be able to identify those who are probably guilty.
Police should be free from unnecessary legal technicalities that prevent them from investigating crime.
Once the ‘probably guilty’ are identified it supports the idea of a conveyor belt.
If a few innocent people are occasionally convicted by mistake – this is the price worth paying for convicting a large number of guilty people.
Favours the rights of society and victim over the rights of suspects.
Supporting theories
Right realism – links to the zero tolerance approach policing strategies as it favours giving the police more enhanced powers to investigate and suppress crime
Supporting theories- Functionalism
Crime control model is also linked to Durkheim’s functionalist theory that punishment reinforces society’s moral boundaries. As the main function is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion
The Due Process Model
The power of the state is the greatest threat to a individuals freedom. The goal- protect the accused from oppression by the states and it agents.
Focuses on the presumption of innocence. Accused is innocent until proven guilty.
Has less faith in police’s ability to conduct satisfactory investigations. Maintains that suspects and defendants rights need to be safeguarded by a set of due process rules that investigations and trials must follow.
Rules + procedures protecting rights of suspects, which prosecutors need to overcome before they can secure a conviction.
Highlights this is a lesser evil than conviction the innocent.
Emphasises rights of the accused individuals rather than those of the victim or society.
Supporting theories- Labelling theory
As the police may be tempted to act illegally, harassing groups/individuals who have been labelled as a typical criminal. The due process allows protection against this as it requires the police to follow the lawful procedures and not exceed their powers.
Supporting theories- Left Realism
Argued that the oppressive ‘militaristic policing’ of poor areas trigger confrontations and make residents unwilling to assist the police.
Left realist argue that police must follow due process by acting in a lawful and non-discriminatory way if they want to fight crime effectively.
Cases to support due process
Garry Weddell- Was granted bail prior to his trial, even though he was being charged with murder
Venables v UK & Thompson v UK- The rights to a fair trial was discussed at the European Convention of Human Rights to ensure that the boys were given a fair trial via Article 6 of the HRA 1998
Cases to support due process
Sion Jenkins-right to appeal against conviction which allowed a re-trial based on new evidence
All of the cases are examples of where the defendants have been given their statutory legal rights
Cases to support crime control
Barry George- In 2006 George appealed on the ground that two witnesses stated there was armed police at the scene when he was arrested. (police stated there was no armed police at the scene).
Court quashed the appeal and ordered a retrial to which he was acquitted in 2008.
Cases to support crime control
Sally Clarke- Professor meadows stated the chance of two siblings suffering cot death was 1 in 73 million, the royal statistical society later issued there no statistical basis to the claim.
Cases to support crime control
Colin Stagg- Colin Stagg was accused of the murder of Rachel Nickell (Wimbledon commons murder)
Colin Stagg was honey trapped by a undercover female officer.
In court the judge highlighted his humans rights has been breached.
Real killer was – Robert napper.
