AC1.3 Models of Criminal Justice Flashcards
Who constructed the models of justice?
Herbert Packer, 1968
What are the two models of justice?
Due Process Model
Crime Control Model
Describe the crime control model
Seeks a quick and efficient disposal of criminal cases, sometimes referred to as a ‘conveyor belt’
It focuses on the suppression of crime, prioritising catching and punishing the offender
Emphasises the rights of victims and society rather than the suspects
Assertion of enhanced police powers to ensure conviction
Zero-tolerance approach
Fails to address causes of crime
Argues that the occasional innocent convicted is worth for convicting a large number of guilty.
Relates to right realism
Describe the due process model
Focuses on the presumption of innocent
Necessity of producing fairness by protecting the defendant’s legal rights
Asserts police should safeguard all rights of individuals
Justice involves a thorough investigation to ensure a correct, just verdict
Criminality with a focus on the inequalities created by a capitalist society
Argues a more equal, caring society would eventually eliminate crime
Relates to left realism
Name some areas of law related the crime control model
The removal of the double jeopardy rule for murder and other serious offences
Allowing ‘bad character’ evidence
Extended pre-charge detention for terrorist offences
Name some areas of law related to the due process model
Police and Criminal Evidence Act 1984, the acknowledgement for need of police safeguard procedures
All interviews are recorded and suspects have a right to legal representation
Human Rights Act 1998, allows thorough practices
Describe left and right realism in terms of crime
Left Realism - Practical measures to reduce crime and a long-term change towards a more caring society through a gradual change
Right Realism - The perspective of political conservatism, questions economic factors such as poverty, as the reason behind rising crime rates
Identify a case study related to the crime control model
Colin Stagg - Stagg was wrongly accused of the murder of Rachel Nickell, the police attempted to force Stagg to admitting to the murder through Operation Edzell; an undercover female police officer pretended to have a fantasy of murderers and tried to entice Stagg with sex if he admitted to the murder.
OR
Barry George - Convicted for the murder of Jill Dando, a case that had high public interest. George was convicted on the grounds that the found a single particle of the firearm discharge. The conviction was later ruled unsafe and quashed in 2007.
Identify a case study related to the due process model
Garry Weddel - Due to the assumption that all are innocent until raven guilty, Weddel was released on bail whilst waiting to stand trial for the murder of his wife. During this time, he may have killed his mother-in-law, how as due to give evidence against him in court, and then himself.
OR
Sion Jenkins - Convicted for the murder of his step-daughter, Billie-Jo, in 1997. He claimed the media decided on the narrative and stuck with it’, and so he was retained twice. When new forensic evidence was found, the case was not reopened as it had been found too late for the defence team to respond, so the murder remains unsolved, although Billie-Jo’s family are convinced of Jenkins’ guilt.
