Ac 1.3: Describe Models Of Criminal Justice Flashcards
What are the two models Herbert Packer constructed?
The crime control model
The due process model
Why did Herbert Packer construct these models?
To represent the two competing systems of values operating within criminal justice
What is the presumption in the crime control model?
Presumption of guilt
Under the CCM what does the justice process resemble?
An ‘assembly-line’ or ‘conveyor belt’
What are the three stages of the CCM?
Law enforcement arrest suspects
Court determines guilt
Guilty people recurve appropriate sentence and serve punishment
Why might the CCM mean that a plea bargain is likely to be taken?
So it enables them to reduce their sentence/get less severe punishment
Links to theory: CCM - Functionalism
It reinforces society’s moral boundaries - main function of justice being to punish guilty
Links to theory: CCM - Right realism
See crime as a growing problem - favours giving police greater powers to investigate/suppress crime
What is the presumption in the due process model?
Presumption of innocence - innocent until proven guilty
Under the DPM what does the justice process represent?
Obstacle course that prosecutors have to overcome before securing a conviction
In Thompson V UK, was Thompson given due process?
No, three issues flagged in court - public and press, formality of crown court, limited explanation of procedure
Links to theory: DPM - Labelling theory
DPM focuses on suspects safety/rights, labels not to be made because innocent until proven guilty
