AC1.3 Flashcards
What are the two models construed by Herbert packer (1968) that represented the two competing systems of values operating within the criminal justice system?
Criminal control and Due process
Crime control model: Aim, How, Rationale and extra infor
Aim: To punish criminals and prevent them from committing further crime – to suppress crime (punishment and deterrence).
How: This model seeks a quick and efficient disposal of criminal cases, like an assembly line or conveyor belt.
Rationale: The focus of protecting rights falls on the rights of the victims rather than defendants (rather than the rights of suspects). It would also include the assertion that the police should have enhanced powers to ensure a conviction is achieved
It can link to the zero-tolerance approach found in right realism
It does not address the causes of crime, nor can that crime be deterred through detection and conviction.
Examples of areas of laws that support the crime control model:
Allowing the introduction of ‘bad character’ evidence and previous convictions information for the courts to consider when deliberating a verdict
The removal of all ‘double jeopardy’ rule for murder and other serious offenders
The extended pre-charge detention time for terrorist offences
Examples of casess investigated using the crime control model: Colin Stagg and Barry George
The key focus in all these crimes was securing conviction at any cost. The victim’s murder provoked strong public reaction and a demand for the case to be solved ASAP. In all cases, the police felt certain that the suspect was guilty and used all measures available, including undercover police surveillance to produce evidence of guilt. Hence, the focus of crime control justice is to produce a swift verdict
Linking the crime control model with theory: UNIT AC2.3
Right Realism- Right-wing conservative approach to justice
e. g., 1: using zero-tolerance approach in policing strategies where the police have greater powers to investigate and suppress crimes
e. g., 2: stop and search powers to deter knife crime
Functionalism-
Links with Durkheim in that punishment will reinforce society’s moral boundaries
Function in society is to punish people found guilty= society can express outrage, moral panics and strengthen social cohesion.
Marxism-
If you don’t conform, then you will be punished. Institutions such as the police, schools, families, churches etc. encourage you to conform.
Dual Process model: Argument, Aim, How, Rationale and extra information
Argument: The power of the state is the greatest threat to a person’s freedom. Therefore, the goal is to protect the accused from oppression by agents of the state (police, prosecution and judges).
Aim: Rather than an increase in police powers, it asserts that police should be limited to prevent official opposition of the individual
How: This model is the opposite of crime control as it focuses in presumption of innocence and the necessity of producing fairness by protecting the defendants legal rights Rules about the arrest to the appeal stage?
Rationale: The justice system should safeguard all of the rights of an individual to provide against a wrongful conviction.
Justice should involve a thorough investigation, where there is protection of the innocent by legislative obstacles to overcome before a conviction can occur. Rules of evidence? - AC 2.3 UNIT 3- disclosure of evidence, hearsay evidence, credibility
The dual process model therefore uses principles that are opposite to the crime control model and promotes the presumption of innocent until proven guilty
It helps ensure a correct and just verdict can be reached. It relates to the left realism approach to criminality with a focus on the inadequate created by capitalist society. A more equal and caring society would eliminate crime
Examples of areas of law that supports the due process model:
The acknowledgement of the need for police procedural safeguards by the introduction of the Police and Criminal Evidence Act (PACE) 1984.
All interviews are now recorded, and suspects have the right to legal representation
The Human Rights Act 1998 allows criminal justice practices to be thoroughly looked at from a human rights perspective
Examples of cases investigated using the dual process model:
Colin Stagg: Entrapment in Rachel Nickell case. Police convinced of guilt so used ‘honey trap’ to trick him into confessing
Sally Clarke: Wrongly jailed for murder of her two baby sons. Failure of prosecution to disclose evidence to her defence lawyers.
The Birmingham Six: Wrongly convicted of 21 murders because police fabricated evidence against them, deprived them of sleep and food, used violence and threats to obtain confessions. The judge wrongly deemed these confessions to be admissible.
To ensure a trial was fair with the sue of human rights via the European Convention on Human Rights (Thompson and Venables, the killers of James Bulger)
Link dual process model with theory: UNIT 2 AC2.3
Labelling theory-
This process is a liberal approach as it aims to stop the oppression of people by the state
Police may harass groups of individuals who they label negatively as ‘typical’ criminals (stereotyping)- working class, black, male
Police to follow lawful procedures and not exceed their powers
Left realism-
Biased policing can target poor areas= triggers confrontation and making residents unwilling to support the police
Police should not act in a discriminative way to certain groups/individuals
What rules favour due process
- Suspect’s right to know why they are arrested
- Right to remain silent – based on principle that it is the prosecution’s role to prove guilt (not the accused to prove their innocence)
- Right not to be detained indefinitely without charge
- Right to legal representation when questioned by police and in court
- Right to trial by jury of one’s peers
- Right to appeal against conviction and sentence
- The right not to be re-tried for the same offence once acquitted
Rules governing admissibility of evidence (hearsay, entrapment, forced confessions
Prosecution has duty to disclose all evidence prior to trial
What rules favour the crime control model:
Police powers to stop, question, search and arrest
Inference of guilt (conclusions) if defendant remains silent or fails to testify in court without good reason
Extended police detention permitted if accused of indictable offences (36 + 90 hours) and terrorist offences (14 days)
Extended period before access to lawyer for indictable offences. Restrictions on availability of legal aid
Trial by jury only for serious cases (magistrates more likely to convict than jury). Judge-alone trials allowed.
Appeal rights not always automatic. Some are only granted on a point of law not of evidence.
Change to double jeopardy: if “new and compelling” evidence emerges for serious crimes
Evidence of bad character/previous convictions sometime admissible
Public interest immunity can allow prosecution to not disclose evidence
