AC 1.3 Describe Models of Criminal Justice

Question 1

Who made the models?

Answer 1

Herbert Packer

Question 2

Outline the Crime Control Model

Answer 2

• Main aim is to control, prevent and fight crime.
• Implies the guilt of offender to protect society from more harm
• Prioritises punishment as a sanction to prevent and deter people from committing further crimes.
• Trusts the police and authorities to carry out investigations properly (pro-police, want them to have high power)
• Aims to deal with criminal cases quickly - “conveyor belt”

Question 3

How does Crime Control Model link to CJS?

Answer 3

• Police have legislative powers (under PACE) to stop, search, arrest. Can detain suspects on reasonable grounds and with reasonable suspicion
• For terror offences, can keep suspect in custody for longer (14 days) to protect society
• Abolishment of double jeopardy rule - person can be tried for the same offence twice, prioritise punishment as deterrent
• Evidence of past bad character can be permitted by the court
• Routes of appeal can be complicated and not always allowed by the superior courts.

Question 4

What theories does Crime Control Model link to?

Answer 4

• Functionalism = need to punish people to deomostrate society’s disapproval, can lead to reform of the justice system.
• Right Realism = prioritises order over justice because crime has been caused by a lack of self-control. Favours zero-tolerance strategies

Question 5

Outline the Due Process Model

Answer 5

• Presumes the individual is innocent and that every person has a right to a fair trial
• The justice system should provide appropriate safeguards for accused (e.g. codes of practice under PACE)
• Police powers should be limited to prevent oppression of individual liberties
• Called the obstacle course, suggests that there should be legislative obstacles to overcome before a person is convicted as ensures thoroughness of investigation

Question 6

How does the Due Process Model link to CJS?

Answer 6

• PACE provides codes of practice that set out the rights of the person being detained. When someone is arrested, the codes of practice must be offered to the person so that they can make themselves aware of their rights
• There are strict rules on the admission of evidence – e.g. hearsay evidence, coercive confessions and any evidence that the court feels is not in the interest of justice to be put before a jury
• Right to a trial by ones peers (jury)
• Human Rights Act- Article 6- Right to a fair trial.

Question 7

What theories does the Due Process Model link to?

Answer 7

• Labelling theory = The police shouldn’t oppress those that are labelled as ‘typical criminals’
• Left realism = Lea and Young (1984) minimal use of prison (only where there is a danger to the community) and individuals must be ‘de-marginalised’ + stop ‘criminal victimisation’.

Question 8

Give some of the Police’s Rights (incl PACE)

Answer 8

• Stop and search
• Stop and account
• Police and Criminal Evidence Act 1984
  
  • Part 1 - Powers to stop and search
  • Part 2 - Powers of entry, search and seizure
  • Part 3 - Arrest
  • Part 4 - Detention
  • Part 5 - Questioning and Treatment of Persons by Police

Question 9

Give some of Suspects rights

Answer 9

1. Ask the police for their name + badge number
2. The station they are from
3. Ask what they are searching for
4. What their reason is for searching you in particular
5. Right to be searched by a same sex officer
   - Should also be cautioned “…”
   - Why they are making the arrest and why it’s necessary
   - Rights whilst detained…
   - Rights to appeal…

Question 10

Case examples of the Due Process model being applied

Answer 10

• Alan Blythe case, right to be tried by one’s peers, they gave him very lenient punishment
• Kay Gilderdale case
• (The crime control model would have arrested and sentenced these people straight away)

Question 11

Case examples of Crime Control model being used

Answer 11

• Steven Downing
• Stefan Kisko
• Sally Clark
• B’ham 6