Describe models of criminal justice Flashcards
what are the two models of criminal justice?
due process
crime control
what are models of justice?
two competing systems of values operating within criminal justice
these were created by Herbert Packer a stanford university law professor
what is crime control?
this means that the most important function of system is to punish and repress criminal conduct
law enforcement must be counted to control criminal activity
the system should function efficiently as an assembly line (doesn’t stop just keeps going)
what is due process?
they focus on protecting the rights of the accused through legal constraints on police, courts and corrections
strives to make it more difficult to prove guilt
fairness, not efficiency is the goal of due process
what does the crime control model seek? what is their aim? who’s rights do they protect?
a quick and efficient disposal of criminal cases (assembly line)
punish criminals and stop them committing further crime
the focus of protecting rights falcon the right of the victims rather than the defendants
what does the crime control model want the police to have? which approach can this link to?
enhanced powers to ensure a conviction
zero tolerance - rights realism: it does not address the causes of crime can be deterred through detection and conviction
examples of areas of law that support the crime control model?
allowing the introduction of bad character evidence and previous convictions information for the courts to consider when deliberating a verdict
the removal of the double jeopardy rule for murder and other serious offences
the extended pre-charge detention time for terrorist offices
A case which were investigated using the crime control model?
colin stagg ‘lizzie evidence’
what is the key focus in the crime control method’s cases explored?
Arguably the key focus in these cases is on securing a conviction at any cost. The victim’s murder provoked strong public reaction and a demand for the case to be solved as quickly as possible.
how is using crime control to investigate a case different to due process?
In all cases the police felt sure that the suspect was guilty and used all measures available, including undercover police surveillance, to produce evidence of guilt.
explain the due process model:
This model is the opposite of crime control. It focuses on the presumption of innocence and the necessity of producing fairness by protecting the defendant’s legal rights. Rather than an increase in police powers it asserts they should be limited to prevent official oppression of the individual. The justice system should safeguard all the rights of an individual to provide against a wrongful conviction.
what does the due process model believe justice should involve?
Justice should involve a thorough investigation where there is protection of the innocent by legislative obstacles to overcome before a conviction can occur. This helps to ensure a correct and just verdict can be reached
which part of law can be related to the due process model?
This relates to the left realism approach to criminality with a focus on the inequalities created by a capitalist society. A more equal and caring society would eventually eliminate crime.
examples of areas of law which support the due process model:
The acknowledgment of the need for police procedural safeguards by the introduction of the Police and Criminal Evidence Act (PACE 1984).
All interviews are now recorded and suspects have the right to legal representation.
Introduction of the Human Rights Act 1998 allows for criminal justice practices to be scrutinised from a human rights perspective.
examples of cases investigated using the due process model:
Sion Jenkins, Garry Weddell, Thompson v UK and Venables v UK
