AC1.3 Describe Models of Justice Flashcards
Who came up with the 2 models of justice?
Herbert Packer, a Stanford University Law Professor.
What are the names of the 2 models of justice?
1) Due Process
2) Crime Control
What are the main principles of the Due Process model?
- Presumption of innocence of the suspect.
- Rights of the defendant are protected.
- Cases are examined in detail to avoid mistakes.
- Police powers should be limited.
Which realism ideology does the Due Process model link to?
Left Realism.
Give some examples of law which link to the due process model and explain how they link.
- Police and Criminal Evidence Act 1984: interviews must be recorded, presumed right to bail, right to free legal advice.
- Human Rights Act 1998: innocent until proven guilty, right to fair trial, forbids torture.
Give some examples of cases which link to the due process model and explain how they link.
- Sion Jenkins: appealed 3 times which shows presumption of innocence and time spent on one case.
- Gary Weddell: was released on bail for murder which shows presumption of bail.
- Thompson and Venables: shows how right to fair trial is upkept.
What are the main principles of the crime control model?
- Protects rights of victims over defendants.
- Wants quick process of cases.
- Police powers should be enhanced to gain a conviction in any way needed.
- Aims to punish offenders.
Which realism ideology does the Crime Control model link to?
Right Realism.
Give some examples of law which link to the crime control model and explain how they link.
- Criminal Justice Act 2003: previous convictions and ‘bad character’ evidence now allowed in court, as well as the removal of the double jeopardy rule.
- Terrorism Act 2006: pre-charge detention time extended to 28 days for terrorism suspects.
Give examples of cases which link to the crime control model and explain how they link.
- Colin Stagg: Police used Lizzie James undercover letters to try and obtain a conviction.
- Barry George: Police looked over case details and convicted on small piece of evidence.
- Gareth Hughes: Police were convinced he was the killer and tried to get a conviction as quickly as possible.