Criminal Law Flashcards
Packer’s two value systems in the criminal process
Crime Control Model
Due Process Model
Criminal Justice system
Served 2 purposes:
- Instrumental/utilitarian (the state responds to crime to secure benefits to the wider society such as crime prevention and crime reduction) –> pragmatic & future oriented
- Symbolic/non-utilitarian (the state must redress imbalances caused by those people who take illegal advantage of another or diminish their human dignity) –> based on moral principles & backward oriented
Crime Control Model
Concerned with the efficiency of the criminal process.
Does not distinguish between factually and legally guilty.
Due Process Model
Concerned with the accuracy and reliability of the decisions made.
Distinguishes between factually and legally guilty.
Primary Function of the Criminal Process in relation to the Crime Control Model
To control crime by apprehending and convicting those who commit crime
Primary Function of the Criminal Process in relation to the Due Process Model
To ensure that crime is controlled in a lawful manner; ensure that citizens are not subject to abuses of state power..
Operational activities of Crime Control Model
With high case loads and limited resources, a premium is placed on speed and finality. Speed depends on informality and uniformity. Finality depends on reducing challenges to decisions.
Operational activities of Due Process Model
With human fallibility in witnessing crime and with state powers over citizens, a premium is placed on rendering accurate and reliable decisions. Accuracy depends on the quality of fact finding. This necessitates formal decision-making and may necessitate challenges to earlier decisions - all of which may take time.
Emphasis of the Crime Control Model
Quantity of “factually guilty” people apprehended and convicted.
Emphasis of the Due Process Model
Quality of criminal procedures and decisions rendered; distinguishes between “factual guilt” and “legal guilt”.
Factual Guilt
based on evidence of a person’s commission of a crime.
Legal guilt
Based not only on evidence of a person’s commissions of a crime, but also that the state has acted legally in obtaining evidence and proving its case.
Crime Control Model’s reliance on:
Early stages of the criminal process, informal fact gathering, and abilities of the investigative and prosecutorial officers.
Due Process Model’s reliance on:
Later stages of the criminal process, formal adversarial fact finding, and the abilities of judicial officers and defence attorneys.
Crime Control Model metaphor
Assembly line conveyor belt.
Due Process Model metaphor
Obstacle course
Dispositive decisions
Decisions about “the disposal of the case”
Processual decisions
Decisions about “the processing of the case from the initial charge through to trial”
Desert Theory
A modern form of retributive punishment.
The core idea is that the penalty structure should reflect a relationship between crime seriousness and punishment seriousness (harshness), and that the absolute level of punishment should be in proportion to the harm.
Retributive Justification for punishment
A crime must be censured and that a punishment (penalty or sanction) should reflect the degree of blameworthiness that we attach to the act.
The aim is to punish a crime that has occurred in the past, and thus, we may say it takes a backward orientation to punishment.
Individual deterrence (aka specific/special deterrence)
To dissuade or deter an offender from committing a crime in the future.
General deterrence
To dissuade or deter members of the broader community from committing a crime in the future.
Rehabilitation
To change the attitudes or behaviour of offenders so they do not commit crime in the future.
Incapacitation
To protect community members from certain offenders who may pose a threat to their welfare and safety.
