Sanders, Young, Burton (2010) Flashcards
Recently - reconfiguration of criminal law and criminal justice in favour of Crime pre-emption through risk management techniques - underpinning this shift is the view that…
Public safety and victims’ interests should be given greater weight than civil liberties and suspects’ rights
Packer’s 2 models = to illuminate what he saw as the 2 conflicting value systems that competed for priority in the operation of the criminal process. Represented the extremes on a spectrum of possible ways of doing criminal justice:
Crime control
Due process
Crime control most important function =
Repression of criminal conduct
CC - to uphold social freedom, model must achieve a high rate of
Detection and conviction
CC model depends for success on speed and on minimising the opportunities for challenge - allowing the police to establish facts through interrogation, and uniform/routine procedures demonstrates the model as a…
Conveyor belt
CC - PACKER- “when reduced to its barest essential and operating at its most successful pitch, it offers two possibilities: an administrative fact-finding process leading:
1) to exoneration of suspect or 2) to the entry of a plea of guilty”
DP- insists on formal, adjudicative, adversary fact-finding processes in which the case against the accused is tested before a…
Public and impartial court
DP- concern with error. Rejects the crime control desire for finality, there must always be a possibility of a case being
Reopened
DP- insists on the prevention and elimination of miscarriages of justice as an end in itself: PACKER(1968) - “the aim of the process is at least as much to protect the…
Factually innocent as it is to convict the factually guilty”
DP- values:
Primacy of the…
Concern with abuse of power over…
Upholding of…
Ideal of…
Individual citizen
Reliability
Moral standards as a matter of principle
Equality
CC - values prioritise conviction of guilty even at the risk of some innocents and with the cost of infringing the liberties of suspects to achieve its…
Goals
CC - seeks ways of ensuring that the adversarial contest never gets beyond the encounter between the
Police and suspect in police station
DP- values priorities the acquittal of the innocent even if risking the frequent acquittal of the guilt, and giving high priority to the protection of…
Civil liberties as an end in itself
DP- seeks to maximise adversarialism by introducing obstacles and hurdles for the prosecution to surmount at…
Every stage
Criminal justice system is a “complex social institution which regulates potential, alleged and actual criminal activity within limits designed to…
Protect people from wrongful treatment and wrongful conviction”
