AC 1.3

Question 1

Who constructed two models to
represent the two competing systems of values which operate in the criminal justice system?

Answer 1

Herbert Packer

Question 2

What are the two models which
represent the two competing systems of values which operate in the criminal justice system, established by Herbert Packer?

Answer 2

• the crime control model
• the due process model

Question 3

What is the aim of the crime control model?

Answer 3

• suppress crime
• contain the threats to the freedom of people on society

Question 4

What does the crime control model prioritise?

Answer 4

• punishment of offenders
• deterrence
• prevention of further crimes

Question 5

What are the main features of the crime control model?

Answer 5

• starts with the presumption of guilt
• accidental conviction of a few innocent people is a small price to pay to suppress crime
• they take an assembly line approach with suspects, eg, plea, prosecute, sentence
• emphasises the rights o society and victims not criminals
• police should be given more powers to identify, detain and interrogate

Question 6

What theory does the crime control model link with?

Answer 6

• this model has links with Right realism and strategies such as zero tolerance policing
• right realism favours giving the police more powers of arrest and stop and search, which is consistent with this model

Question 7

What is the goal of the due process model?

Answer 7

• to protect the accused from oppression by the state

Question 8

What does the due process model believe about criminal justice?

Answer 8

• the rules must be followed by necessary ‘obstacles’ that must be overcome to ensure a correct verdict is reached
• therefore, they believe criminal justice should be an obstacle course

Question 9

Give an example of where due process measures have been adopted?

Answer 9

• due process measures adopted can be see in PACE 1984 that identified the lack of procedural safeguards in police interviews
• interviews are now recorded and suspects have the right to legal representation
• the human rights act 1998, allows for criminal justice practices to be scrutinised from a civil rights perspective

Question 10

Which theory can the due process model link to?

Answer 10

• links with the labelling theory
• looks at how police act on stereotypes
• link with left realism
• who believe police adopt ‘militaristic’ styles of policing and focuses on those individuals in areas of social and economic disadvantage, which can trigger confrontations between them and police
• left realists believe to tackle crime police need to build community bonds