Due Process

Question 1

Function

Answer 1

Justice

Obstacle course

• defendant’s rights
• idealised version of how system should work (rule of law) (Davies, Croall, Tyrer)

Question 2

Stresses/favours:

Answer 2

Legal guilt

Innocent until proven guilty

Importance of rule of law & procedural safeguards

Question 3

4 Features of court

Answer 3

• equality between parties
• rules protecting defendants against error
• restraint of arbitrary power
• presumption of innocence

Question 4

4 Primary goals

Answer 4

Upholders of impartial justice

• ensure crime is controlled in a lawful manner
• protection of the innocent
• limit state power

Question 5

2 priorities:

Answer 5

• suspects/defendants freedoms and rights

- fairness and equality

Question 6

4 practices:

Answer 6

Obstacle course justice

Adherence to set practices & procedures (evidence gathering etc.)

Prevention of errors and wrongful convictions

Challenge decision & the ‘facts’

Question 7

Guilt

Answer 7

Legal guilt

Innocent until proven guilty

Assumption that guilt can only be established via formal procedures - adjudicative, adversarial (Sanders, Burton, Young)

Question 8

Justice achieved if…

Answer 8

Individual rights are upheld and no ‘innocents’ are wrongly convicted

Packer 1968- aim is at least as much to protect the factually innocent as it is to convict the factually guilty

Question 9

Punishment

Answer 9

Proportionate to seriousness of offence

Cannot be disregarding/inhumane