Chapter 2: CJ Ideology Flashcards
Stanford law professor that published, “Two Models of Criminal Justice” in 1968
Herbert L. Packer
What does the crime control model include?
A need for efficiency and speed. Constitutional rights seen as secondary. Assumes most are guilty. If a few innocents get convicted, too bad.
What does the due process model include?
Protection of rights. Assumes you are innocent. If a few guilty are released, then too bad.
What is the goal of Packer’s models?
To punish criminals
What was the goal of the due process model?
To protect individual rights
What does substantive law say?
Laws be fair and promote a legitimate government purpose.
What does procedural law say?
Ways in which the government must go about applying laws.
Indeterminate sentencing
Most discretion to judges and parole boards
Determinate sentencing
Least discretion. Sentence is set in stone
Sentencing guidelines
Imposed by legislators for judges - you must justify if you change
Truth in Sentencing
Must disclose actual time
What are the four goals of incapacitation?
Deterrence, Incapacitation, Punishment and Rehabilitation