AC 1.3

Question 1

What two models did Herbert Packer make?

Answer 1

• crime control model
• due process model

Question 2

What is the Crime Control Model also called?

Answer 2

• the conveyor belt

Question 3

What is the Crime Control Model?

Answer 3

• believes crime is a threat to people’s freedom, primary goal is suppression of crime
• prioritises the catching and punishing of offenders
• starts with the presumption of guilt
• believes police should be free from unnecessary legal technicalities
• argues that a few innocent people are occasionally convicted by mistake but it is a price worth paying for convicting a large number of guilty people
• emphasis on the rights of society and victims to be protected from crime

Question 4

How does the Crime Control Model link to the CJS?

Answer 4

• police have legislative power under PACE to stop, search, arrest on reasonable grounds and with reasonable suspicion
• suspected terrorist arrests -> police can detain for longer than the usual 24 hour period
• abolishment of double jeopardy rule means that a person can be tried for the same offence twice
• evidence of past bad character can be permitted by the court
• routes of appeal can be complicated and not always allowed by superior courts

Question 5

How does the Crime Control Model link to theory?

Answer 5

• Right Realism -> make cost of committing crime high meaning harsher punishment/ zero tolerance policing
• Functionalism -> crime and punishment need to happen in order to bring about legal change

Question 6

What is the Due Process Model also called?

Answer 6

• the obstacle course

Question 7

What is the Due Process Model?

Answer 7

• believes power of the state is the greatest threat to an individual’s freedom
• primary goal is to protect the accused from any oppression by the states and its agents
• starts with presumption of innocence
• less faith in police’s ability to conduct satisfactory investigations
• system means the guilty sometimes go free on a technicality but is believed as a lesser evil than an innocent person being convicted
• emphasises the rights of the accused individual rather than those of the victim

Question 8

How does the Due Process Model link to the CJS?

Answer 8

• innocent until proven guilty, PACE
• rules for obtaining evidence (improper, illegal, hearsay)
• CPS puts evidence through Full Code Test
• right to trial by your peers (jury)
• right to a fair trial (Human Rights Act)

Question 9

How does the Due Process Model link to theory?

Answer 9

• Left Realism -> support keeping people out of the police system for as long as possible, relative deprivation creates ‘vulnerable communities’ and can lead to ‘criminal victimisation’
• Labelling Theory -> police dealing with subcultures differently due to labels already associated with that group of people

Question 10

What are some conclusions about the crime control models?

Answer 10

• Smith (1998) argues that ‘due process can never be provided as a yardstick because criminal justice must always be a compromise between due process and crime control’
• Peter Duff (1998) suggests that there are and always will be differences between due process and crime control because there is confusion over the meaning of the term ‘crime control’