AC1.3 Describe models of criminal justice Flashcards
who created the two models of criminal justice?
Herbert Packer
what are the two models of criminal justice?
- the crime control model of justice
- the due process model of justice
what is the goal of the crime control model?
suppression of crime
aim is to catch and punish offenders
deterring and preventing reoffending
what is crime control based on?
presumption of guilt
trusts the police to be able to identify those who are probably guilty
whose rights does crime control model favour?
rights of society and victim over rights of suspects
what theories are crime control influenced by?
right realism
functionalism
how does right realism influence crime control?
links to zero tolerance approach
favours giving the police more enhanced powers to investigate and suppress crime
how does functionalism influence crime control?
punishment reinforces society’s moral boundaries
main function is to punish the guilty, this enables society to express moral outrage and strengthen social cohesion
what is the goal of due process?
to ptotect the accused from oppression by the state and its agents
what does due process focus on?
presumption of innocence
accused is innocent until proven guilty
there are rules and procedures protecting the right of suspects, which prosecutors much overcome to secure a conviction
what is due process model described as?
an obstacle course
whose rights does due process model favour?
rights of the accused individuals rather than those of the victim or society
what theories are due process influenced by?
labelling theory
left realsim
how does labelling theory influence due process?
police may be tempted to act illegally, harassing groups/individuals who have been labelled as a typical criminal
how does left realism influence due process?
police must follow due process by acting in a lawful and non-discriminating way if they want to fight crime effectively as oppressive policing of poor areas triggers confrontation and makes residents unwilling to assist the police
fighting crime depends on the cooperation of the community
rules favouring crime control
- police rights to stop, question, search and arrest
- the court may draw negative conclusions if defendant remains silent when questioned by police
- appeal rights are not always automatic
- evidence of bad character/previous convictions is permitted in certain circumstances
rules favouring due process
- the suspects right to know why they are being arrested
- the right to remain silent when questioned and in court, this doesn’t mean guilt
- the right to legal representation when questioned by police and in court
- the right to appeal against conviction or sentence
case studies showing crime control
barry george - acquitted of the murder of jill dando
sally clarke - acquitted of the murder of her two baby sons
colin stagg - honey trapped by an undercover female office for murder of Rachel Nickell
how does the case of barry george, sally clarke, colin stagg show crime control?
the key focus was to secure a conviction
the murder provoked a strong public reaction and demand for the case to be solved quickly
police were sure the suspects were guilty and used all measures available to produce the correct evidence
case studies showing due process
sion jenkins - acquitted of murder of his 13 year old foster daughter
garry weddel - killed his wife yet granted bail. killed his MIL and himself whilst on bail
jon venables + robert thomson - two 10 year olds murdered James Bulger in 1993
all of the cases are examples of where the defendants have been given their statutory legal rights
how does the case of sion jenkins show due process?
right to appeal against conviction which allowed a re-trial based on new evidence
highlighted importance of thorough investigation in securing just outcomes in legal proceedings
how does the case of garry weddel show due process?
the defendant has been given his statutory right to exercise the presumption of bail
how does the case of jon venables and robert thomson show due process?
the rights to a fair trial were discussed at the European convention of human rights to ensure that the boys were given a fair trial
