AC 1.3 - describe models of criminal justice Flashcards
who made the two models of justice, and what are they?
Herbert Packer
crime control
due process
what are the key features of the crime control model?
presumption of guilt
punish criminals
rights of victims
enhanced police powers
assembly-line
doesn’t address the causes of crime
what are the case studies for the crime control model?
Colin Stagg (relentlessly pursued - honey trap)
Barry George (used insufficient evidence)
(police needed to secure a conviction at any cost due to public reaction)
Zero-tolerence - new york
what are the examples that support the crime control model?
allowing ‘bad character’ evidence + previous convictions
removal of the double jeopardy rule
extended pre-charge detention time for terrorist offences
what theories does the crime control model link to?
functionalism - durkheim (punishment reinforces society’s moral boundaries)
right realism - ‘zero-tolerance’ approach
what are the key features of the due process model?
presumption of innocence
rights of the defendant
limiting police powers
should provide a thorough investigation
fairness, not efficiency
what are the case studies for the due process model?
Sion Jenkins - 3 trials, not found innocent but judge let go
Gary Weddell - given bail for murder
Thompson + Venables - European Convention on Human Rights used to ensure fair trial
what are the examples that support the due process model?
PACE 1984 - need for police procedural procedure
Human Right Act 1988 - allow for a fair trial
right to legal representation
what theories does the crime due process link to?
labelling theory - requires police to follow lawful procedures (no discrimination)
left realism - police act lawfully + non-discriminatory
