AC 1.3 Describe models of criminal justice Flashcards
models of criminal justice
Herbert Packer described two sets of values which shape the way criminal justice systems work
what are the models of criminal justice
-due process model
-crime control model
What is the key idea of the crime control model
-the goal is the suppression of crime as it is a threat to people’s freedom
-it priorities catching and punishing offenders ,deterring and preventing them from committing further crime
What is the presumption of the crime control model
presumption of guilt.
It trusts the police to be able to identify those who are probably guilty through investigation and interrogation
How is the crime control model a conveyer belt
Once the probably guilty are identified there is a conveyer belt approach to the justice system. It speedily prosecutes, convicts and punishes offenders
What does the crime control model say about the police
They should be free of legal technicalities that prevent them from investigating crime
What does the crime control model argue about the innocence of individuals
If a few innocent individuals are convicted by mistake, this is a price worth paying for convicting a large number of guilty people
What rights does the crime control model emphasise
The rights of society and victims to be protected from crime, rather than the rights of suspects
What is the key idea of the due process model
The power of the state is the greatest threat to individuals freedom and so the goal of the due process model is to protect the accused from oppression by the state and its agents
What is the presumption of in the due process model
Presumption of innocence. The accused is innocent until proven guilty after a fair trial
What does the due process model say about the police
-Model has less faith in the police’s ability to conduct satisfactory investigations
-incompetence means the suspects rights need to be safeguarded by a set of due process rules
How is the due process model an obstacle course
The rules and procedures protecting their rights form a necessary obstacle course that prosecutors have to overcome before they can secure a conviction
What does the due process model say about the guilty going free
Guilty might go free on technicalities however this is a lesser evil than convicting the innocent
What rights does the due process model emphasise
The rights of the accused individual rather than those of the victim or society
Which theories does the crime control model link to
-right realism
-functionalism
How does crime control link to right realism
-It’s a right wing conservative approach
-It has connections with right realist theories of crime such as zero tolerance policing and giving police greater powers to investigate and prevent crime
How does crime control link to functionalism
-it supports the idea that punishment reinforces the moral boundaries of society
-The main function of justice is to punish- society is able to express moral outrage towards the guilty which strengthens social cohesion
Which theories does the due process model link to
-left realism
-labelling theory
How does due process link to left realism
-this theory argues that military style policing of poor communities makes residents willing to assist police and causes confrontation
-This view then states that the police should follow due process without discrimination if they want to fight crime- they need the community to cooperate
How does the due process link to labelling
-this liberal model aims to stop state agencies from oppressing people
-it’s connected to labelling theory as the police may harass groups they negatively label as typical criminals
-The model offers a layer of protection from this, police have to follow the procedure within the law
Examples of the two models in England and Wales
-the rules governing the working of the justice system
-the way the system works in practice
Rules governing the working of the justice system
-The rights of the individual during an investigation and trial are protected with due process rules
Illegally obtained evidence
-Illegally obtained evidence is inadmissible in court such as that gained through torture or illegal searches conducted without a warrant
-However, judges can admit this evidence if they believe it will help establish the truth (probative value outweighs prejudicial effects)
How does illegally obtained evidence link to the crime control model
As this evidence can be used in court it may lead to a conviction
Rules that favour due process
-suspects right to know why they are being arrested
-the right to remain silence when questioned
-the right to legal representation when questioned by police and in court
-the right to trial by jury of one’s peers
-the right not to be re-tried of the same offence once acquitted
Rules that favour crime control
-polices right to stop, question, search and arrest
-the court may draw negative conclusions if the defendant remains silent
-extended police detention is allowed for questioning on suspects of indictable offences
-jury trials are only for serious cases. Magistrates are more likely than jury to convict
-Evidence of bad character is permitted in certain circumstances
What does the small number of appeals indicate about the justice system
That defendants are satisfied with the outcome of their case and due process if followed
Examples of miscarriages of justice
-Colin Stagg
-Sally Clark
-The Birmingham six
What do miscarriages of justice indicate
In practice the justice system does not always operate according to the principles of the due process model
Colin stagg
victim of attempted entrapment following the murder of Rachel Nickell. Despite any evidence against him, the police were convinced he was the killer and tried to use a honey trap to trick him into confessing
Sally clark
Wrongly jailed for the murder of her 2 baby sons partly as a result of the home office pathologist and prosecution witness failing to disclose relevant information to her defence lawyers.
The Birmingham six
Wrongly convicted of 21 murders after police fabricated evidence against them, deprived them of sleep and food and used violence against them. The judge wrongly deemed the confessions admissible as evidence while excluding defence evidence
