AC1.3 Flashcards
Herbert packer
Constructed two models, the crime control model and the due process model, to represent the two competing systems of values operating within criminal justice. systems of values appearing within criminal justice.
What is the crime control model
The crime control model is considered to be a conservative approach to crime that focuses on protecting society from criminals by regulating criminal conduct and justice. The Crime Control Model is guilt implied and aims to punish criminals in hope of reducing recidivism. It stresses strict and swift punishment for crimes and that appeals should be minimised in hopes of deterring criminals from crime.
What are examples of where the Due Process Model is in practise in some areas of Law.
The PACE Act 1984 which identified a lack of procedural safeguards within Police interviews. The recording of interviews, alongside the Human Rights Act 1998 - which allows Criminal Justice practises to be scrutinised from a Human Rights perspective.
What are examples of where the Due Process Model is in practise in some areas of Law
Sion jenkins, Garry Weddell, Thompson v UK and Venebales v uk are all exmples of cases where the defendant has been given their statutory legal rights. In the case of sion kenkins had the legal right to appeal against conviction following a retrial. In addition, Garry weddell used his legal rights to excersise of the presumption of bail to convuction
Which theory can the Crime Control Model be compared to or associated with?
Right realism
Which theory can the Due Process Model be compared to or associated with?
Left realism
What are examples of the crime control model
was seen in the case of Colin stag, Barry George, and Gareth Hughes- in all these cases, the polices main aim was to secure a conviction at any cost as the victims murder provoked strong public reaction and a demand for the case to be solved as quickly as possible. For example in the case of Colin Stagg, even when the case against him was dismissed, the police indicated that they would not be looking for any one else and also decided to use undercover police survailance. This comment and the ‘Lizzie’ honey-trap are arguably evidence of the crime control method
What is due process model
In contrast, the due process model is considered to be a liberal approach that favours criminal rights. This model relates to a left realism approach to criminality with a focus on the inequalities created by a capitalist society and functions under the tenet that defendants are innocent until proven to be guilty whilst also focusing on restricting Police powers rather than expanding them. This model also favours strategies that might rehabilitate offenders rather than simply punish them. Due process states that the justice system should safeguard all of the rights of the individual to provide against a wrongful conviction and a thorough investigation must take place.
