AC 1.3 Flashcards
Who came up with both models of criminal justice?
Herbert Packer 1968
What are the two models of criminal justice?
Crime Control model and the Due Process model
What is the Crime Control model?
Reflects the values of a conveyor belt as it prioritises the efficient suppression of criminal activity in the interests of public order. It involves speedy, informal and routine processes which are administered by criminal justice agents e.g. police and prosecutors.
What is the theory link to the Crime Control model and how does it link?
Right realism - tough on crime, lack of social control, crime is a choice
What areas of law does the Crime Control model link to?
Allowing “bad character” evidence, removal of double-jeopardy for murder and other offences and extended pre-charge detention - terrorism
What is a case example for the Crime Control Model?
London Riots (harsh sentencing/zero tolerance of offenders), Colin Stagg (focussed on by police as a target/entrapment/presumption of guilt) and Barry George (bad character evidence, stalking of women, used in Jill Dando murder case although it wasn’t relevant)
What is the Due Process model?
Prioritises the interests of the individual suspect who is confronted by the state. The individual is entitled to presumption of innocence and should not be found guilty of an offence other than by way of clearly defined and formal decision-making processes. This model suggests that the criminal process sets legitimate obstacles to the state, which must be negotiated if a conviction is to be secured.
What theory is linked to the Due Process model and how does it link?
Left realism - focus on inequalities, crime is not a choice and for and caring approach
What areas of law link to the Due Process model?
PACE 1984, recorded interviews/legal representation and Human Rights Act 1998
What case examples are there of the Due Process model?
Thompson and Venables (HRA 1998 was used to ensure a fair trial and threat to life meant that the killers needed protection and were given anonymity), Gary Weddell (charged with murder and released on bail - killed mother in law whilst on bail and then himself) and Sion Jenkins (right to appeal which led to a retrial and eventual acquittal)
What four elements must be included when describing models of the criminal justice system?
Key terms, areas of law, case examples and theory links
