Ac1.3 Flashcards
The two models of criminal justice
Herbert packer created the two models of criminal justice, these are two contrasting set of values which shape the way the criminal justice system works.
1) the crime control model of justice
2) the due process model of justice
The crime control model
- crime is a threat to people’s freedom, the goal is the suppression of crime. The aim is to catch and punish offenders, deterring and preventing reoffending
- it is based on the presumptions of guilt it, trusts the police to be able to identify those who are probably guilty. (Investigations amd interrogation)
- police should be free from unnecessary legal technicalities that prevent them from investigating crime.
- once the ‘probably guilty’ are identified it supports the idea of a conveyor belt. (Speedily prosecutes/convicts and punishes)
- if a few innocent people are occasionally convicted by mistake - this is the price worth paying for convicting a large number of guilty people
- favours the rights of society and victim over the rights of suspects
Right realism
- The crime control model follows right realism, it links to the zero tolerance approach policing strategies as it favours giving the police more enhanced powers to investigate and suppress crime
The Due Process Model
- the power of the state is the greatest threat to an individuals freedom. The goal of the due process model is to protect the accused from the oppression by the states and its agents
- this model focuses on the presumptions of innocence. The accused is innocent until proven guilty after a fair trial
- this model has less faith in the police’s ability to conducts satisfactory investigations. It maintains that the suspect and defendants rights need to be safeguarded by a set due
process rules that investigations and trials must follow. (Rules about arrest, evidence in court etc) - there are rules and procedures protecting the rights of the suspects which prosecutors need to overcome before they can secure a conviction. Applies to an obstacle course
-this can mean that on occasions the guilty can sometimes go free on a technicality (e.g. illegally obtains evidence). Then Idek highlights this is a lesser evil than convicting the innocent - this model emphasises the rights of the accused individuals rather than those of the victims or society
Labelling theory
- The due process model follows the labelling theory
- the due process is a liberal approach, the aim is to stop state agencies like the police oppressing people
- this can link to the labelling theory as the police may be tempted to act illegally, harassing groups/ individuals who have been labelled as a typical criminal
- the due process allows protection against this as it requires the police to follow the lawful procedures and not exceed their powers
Rules favouring crime control
1) Police rights to stop, question, search and arrest. The right to stop and search without giving a reason in some circumstances.
2) The court may draw negative conclusions if the defendant remains silent when
questioned by police or fails to testify in court without good reason.
3) Extended police detention is allowed for questioning on suspicion of indicatable offences (36 + 96 hours) and 14 days for terrorist offences.
4) Extended period before access to a lawyer is allowed for Serious offences. Restrictions on availability of legal aid.
5) Jury trials are only for serious cases. Magistrates are more likely than juries to convict. Juryless trials are allowed if jury tampering is suspected.
6) Appeals rights are not always automatic. Some are only allowed on points of law, not of evidence.
7) Change to the double jeopardy rule allows a second prosecution if new and compelling evidence emerges.
8) Evidence of bad character/ previous convictions is permitted in certain circumstances.
9) Public - Interest immunity certificate may allow the prosecution to avoid disclosing
evidence.
rules favouring due process
1) The suspects right to know why they are being arrested.
2) The right to remain Silent when questioned by police and in court. It is the prosecution’s job to prove guilt
3) The right not to detained indefinitely without charge.
4) The right to legal representation when questioned by police and in court.
5) The right to trial by a jury of ones peers.
6) The right to Appeal against conviction or sentence
7) the right not to be re-tried for the same offence once acquitted
8) Rules governing the admissibility of evidence in court E.g hearsay, entrapment and forced confession are not admitted.
9) The prosecution has a duty to disclose evidence against the defendant in advance of the trial.
Case study supporting crime control
Sally Clarke
- was convicted of the murder of her two baby sons but was acquitted after a second appeal
- DR Alan Williams (pathologist) failed to disclose the possible cause of death for the second son was an infection. Changed the cause of death of first son from infection to smothering
- professor meadows stated the chance of two sibilants suffering cot death was 1 in 73 million, the royal statistical society later issued there no statistical basis to the claim
Case study supporting the due process model
Sion Jenkins
Right to appeal against conviction which allowed a retrial on new evidence
