AC 1.3 Flashcards
Who came up with the 2 models of criminal justice?
HERBERT PACKER (1968)
Herbert Packer (1968) explanation -
HERBERT PACKER (1968) identified tension in the US CJS - a COMPETITION - between TWO distinct models of criminal justice: CRIME CONTROL MODEL, DUE PROCESS MODEL
HERBERT PACKER argued that this tension accounts for the conflict and disharmony observable in the US CJS.
What theory can we link to packers idea of criminal justice?
Realist
What side of realism is the due process model?
Left realism
What is a DPM perspective on trial processes? (4)
Favours the right to a fair trial.
Supports the presumption of innocence.
Regards pre-trial detention as a last resort.
Maintains legal limits on police powers
What is the most important function of the criminal justice system according to the DPM.
Due process i.e fairness under the law
What should the criminal justice system look like according to the DPM?
legislative obstacle course, consisting of procedural safeguards that protect the innocent & convict the guilty.
Does DPM favor the defendants or victims rights to a fair trial? EXAMPLES
Defendants E.G . not having to give evidence in their defense
According to the DPM, should police powers be limited or increased? EXAMPLES
limited e.g . Police officers must form reasonable suspicion before they can lawfully arrest someone (e.g. S. 24, pace 1984).
What should courts be held accountable for according to the DPM? EXAMPLES
Courts should held accountable to rules & procedures to ensure fairness & consistency e.g , e.g. limits on inferences that can be drawn from no-comment replies in police interviews,
What is the crime control model of criminal justice (CCM)?
A socially conservative perspective of the criminal justice process.
What kind of justice does the CCM represent?
assembly-line conveyor belt justice
Why is crime control the most important function of criminal justice according to the CCM?
order is a necessary condition for a free society.
What does assembly-line conveyor belt justice mean?
Cases should be disposed of quickly. Therefore, the deterrent effect of swifter justice & punishment of offenders are desirable goals (e.g. speedy prosecutions after 2011 riots in London). – like a conveyor belt on a factory assembly-line.
What does the CCM emphasize the need for ? (4)
Expansion of police powers & policing to control crime
Promotion of victims’ rights over D’s rights
Rules of evidence that favour prosecution of suspects
Swifter & harsher penalties.
What theories link with the due process model?
Labelling theory
Left Realism
What theories link to the crime control model?
Right Realism
Functionalism
How does left realism link to the DPM?
Police must follow due process by acting in a lawful and non discriminatory way if they want to fight crime effectively.
How does labelling theory link to the DPM?
Police may be tempted to act illegally towards ‘typical criminals’, the DPM offers protection against this scenario.
How does right realism link to the CCM?
CCM is right wing approach to justice and has much in common with right realist views e.g. zero tolerance policing strategies, favors giving police more powers.
How does functionalism link to the CCM?
Functionalist theory - punishment reinforces societies moral boundaries , and as the main function of justice is to punish the guilty, thi8s enables society to express its moral outrage and strengthen social cohesion.
Is this favoring DPM or CCM? - Suspects right to know why they are being arrested
DPM
Is this favoring DPM or CCM? - Right to remain silent during police questioning - based on the principle that is the prosecutions job to prove guilt, not the accused job to prove innocence
DPM
Is this favoring DPM or CCM? - Right to not be detained indefinitely without charge
DPM
Is this favoring DPM or CCM? - Right to not be retried for the same offence once acquitted
DPM
Is this favoring DPM or CCM? - Police rights to stop, question, search and arrest
CCM
Is this favoring DPM or CCM? - Court may draw negative inferences if defendant remains silent when questioned by police or fails to testify in court without good reason
CCM
Is this favoring DPM or CCM? - Extended police detention is allowed for questioning on suspicion of indictable offences (36 + 96 hrs) and terrorist offences (14 days)
CCM
Is this favoring DPM or CCM? - Extended period before access to a lawyer is allowed (for serious offences). Restrictions on availability of legal aid
CCM
CCM Case study - colin stagg
Stagg was a victim of attempted entrapment following the murder of Rachell Nickell. Despite the lack of evidence against him, police became convinced that he was the killer and tried to use a honey trap to trick him into confessing to the crime
CCM Case Study - Sally Clark
she was wrongly jailed for the murder of her 2 baby sons party due to a home office pathologist and a prosecution witness failing to disclose relevant information to the defense lawyers.
What is the biggest threat to freedom according to the CCM?
crime
What is the biggest threat to freedom according to the DPM?
states power
Does the CCM or the DPM start with the presumption of guilt?
CCM
