AC1.3 Flashcards
what is crime control model?
assignment criteria looks at two different models of controlling crime. Herbert packer (1968) are representations of different priorities within the justice system. they were put forward by Packer to help us identify where the balance of power lies. it can be very different for any justice system to achieve a fair balance between police officer and civil liberties
who is Herbert Packer?
Packer came up with these models, so that in time, the criminal justice system could use them to reflect on and further improve their systems. he suggested two models:
crime control model
due process model
what is the crime control model?
guilt of the accused is implied in order to protect society from violence and danger. prevention or reduction crime its overriding aims. it prioritises punishment as a sanction in order to prevent and deter people from committing further crimes. trust is places in the hands of police and authorities to carry out investigations properly. pro-police powers and enhance powers. looks for dealing with criminal cases quickly.
how is crime control model linked to the criminal justice system?
police have legislative powers (PACE) to stop, search, arrest and detain suspects on reasonable grounds and with reasonable suspicions. in suspect of terrorist arrests the police can detain for longer than the usual 24 hours period (14 days). the abolishment of the double jeopardy rule means that a person can be tired for the same offence twice. evidence of past bad character can be permitted by the court. routes of appeal can be complicated and not always allowed by the superior.
crime control model links to theories
right realism - it is argued that the crime control model to criminal justice is conservative and right wing. this means that a right realist may prioritise order rather than justice through the beliefs that the crime has been caused by a lack of self control. a right realist would flavour many zero tolerance strategies if it meant that crime was suppressed.
functionalism - Durkheims’s functionalist theory links in with the crime control model as he argues that crime and punishment needs to happen in order to bring about legal change. the idea of justice system that punishes, means that society is able to demonstrates its disapproval which in turn can lead to reform making the justice system improved.
what is due process model?
use the opposite principles to the crime control model. it presumes innocence of the individual and that every person has a right to a fair trial. (article 5 HR - right to liberty/ articles 6 - right to fair trial) it suggest that the justice system should provide appropriate safeguards for accused (e.g. codes of practice under PACE) it argues that police powers should be limited to prevent oppression of individual liberties
due process model links to the criminal justice system
PACE provides codes of practice that set out the right 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 - relating to hearsay evidence, coercive confessions and any evidence that the court feels is not in the interest of justice to be put before a jury.
due process model links to theories
labelling theory - Howard Becker. this is the idea that once someone is effectively ‘stamped’ with a label, they then become it (a self-fulfilling prophecy). this fits in with the due process model as this idea does not want police to oppress those are a labelled as ‘typical criminals’. it also suggests that the police may be tempted to resort to illegitimate means of arresting criminals
left realism - Lea and Young (1984) argued that there should be minimal use of prison (only when there is danger to the community) and individuals must be ‘de-marginalised’ a realist believes that relative deprivation creates ‘vulnerable communities’ and can therefore lead to ‘criminal victimisation’
