AC1.3

Question 1

Herbert Leslie Packer 1925-1972

Answer 1

Two models of the criminal justice system:
Crime control model
Due process model

Question 2

Crime control model theories

Answer 2

Right realists - charles Murray - suggest crime is result of structural inequalities in capitalist society:
Biological differences - xyy chromosome, hereditary, frontal lobe, twin study
Inadequate socialisation - lack of role models, growing reliance on state
Rational choice - pros and cons of crime

Functionalists - Durkheim - crime creates social cohesion
Crime reaffirms society’s moral boundaries

Question 3

Crime control model

Answer 3

Repression of crime should be the most important function of criminal justice
Vindicating victims rights rather than protect defendants rights
Police powers should be expanded
Legal technicalities that stifle police should be eliminated
Criminal justice process should operate like an assembly- line conveyor belt
Accused should be presumed guilty

Question 4

Due process model theories

Answer 4

Interactionists - Howard becker - criminal and deviant behaviour arises due to labelling, Mey components of labelling:
Self fulfilling prophecy - labelled as something so you believe it and become the label
Master status - live up to label, character trait, identity
Deviant career - crime becomes life or career

Left realists - jock young - crime is result of structural inequalities in capitalist society, leading causes of crime:
Relative deprivation - deprived of something so you commit crime to get it
Marginalisation - lack goals to represent needs, powerless to use political needs, express frustration through crime
Subcultures - a way for marginalised groups to cope with the problem of relative deprivation, small groups who share similar experiences

Question 5

Due process model

Answer 5

Police powers should be limited
Fundamental fairness under the law
Defendants rights not victims rights
Fairness and consistency ensured
Criminal justice process should look like an obstacle course

Question 6

Crime control cases

Answer 6

Colin stagg - honey trapped, accused of murdering rachel nickell in 1992, crime control model prioritised securing conviction quickly but was incorrect

Barry george - wrongfully convicted for murder of British journalist Jill Dando, evidence wasn’t strong, verdict ruled unsafe in 2008 after he spent 7 years in prison, focused on swift justice rather than accuracy

Gareth huges - case followed crime control model, focus on rapid conviction, raised questions about balance between efficiency and fairness in criminal justice procedures

Question 7

Due process cases

Answer 7

Gary weddell - defendant granted right to exercise presumption of bail, even to a charge of murder, police inspector who strangled his wife and made it look like suicide and got away with it until forensic evidence was found, when released on bail he killed Mrs Maxfield them himself, model prioritised fairness and presumption of innocence

Robert Thompson and Jon venables - due process ensures defendants receive their legal rights, in this case they were provided with legal representation despite young age and case was heard in pen court, given right to appeal, led to a review by European court of human rights, ensuring trial was fair