1.3

Question 1

who constructed the models of justice?

Answer 1

Herbert Packer, 1968

Question 2

what are the two models of justice?

Answer 2

Due Process Model
Crime Control Model

Question 3

describe the crime control model

Answer 3

• focuses on the suppression of crime, prioritising catching and punishing offenders.
• seeks a quick and efficient disposal of criminal cases - conveyor belt
• argues that the occasional innocent convicted is worth it for convicting a large number of guilty
• assertion of enhanced police powers to ensure conviction
• emphasises the rights of victims and society rather that the suspect

Question 4

what areas of law relate to the crime control model?

Answer 4

• the removal of the double jeopardy rule for murder and other serious crimes
• allowing ‘bad character’ evidence
• extended pre-charge detention for terrorist offences

Question 5

what theory links to crime control and why?

Answer 5

right realism
- as they believe crime is caused by individual factors, rational choice theory advocates for tougher punishments

Question 6

what cases relate to the crime control model?

Answer 6

• colin stagg
• barry george

Question 7

how does colin stagg relate to the crime control model?

Answer 7

• was wrongly accused of murdering Rachel Nickell, police attempted to force stagg to admit through a honey trap

Question 8

how does Barry George relate to the crime control model?

Answer 8

• convicted for the murder of Jill Dando
• George was convicted on the grounds that they found a single particle of the firearm discharges
• the conviction was later ruled unsafe and quashed in 2007

Question 9

describe the due process model?

Answer 9

• focuses on the inequalities created by a capitalist society
• produce fairness by protecting the defendants legal rights
• focuses on the presumption of innocence
• justice involves a thorough investigation to ensure a correct, just verdict.
• a more equal, caring society would eventually eliminate crime

Question 10

what areas of law relate to the due process model?

Answer 10

• Human rights Act 1998, allows thorough practices
• Police and Criminal evidence act 1984, the acknowledgement for need of police safeguard procedures - all interviews are recorded and suspects have aright to legal representation

Question 11

what theory relates to the due process model and why?

Answer 11

left realism
- practical measures to reduce crime, a long term change towards a more caring society

Question 12

what cases relate to the due process model?

Answer 12

• Garry Weddel
• Sion Jenkins

Question 13

how does Garry Weddel relate to the due process model?

Answer 13

• due to the presumption of innocence until proven guilty he was released on bail
• whilst on bail he killed his mother in law who was to give evidence against him in court, and then himself

Question 14

how does Sion Jenkins relate to the due process model?

Answer 14

• convicted for the murder of his step daughter, Billie-jo in 1997. he claimed the media decided on the narrative and stuck with it - was allowed the right to appeal against the conviction thus allowing a retrail
• when new forensic evidence was found, the case wasn’t reopened as it had been found too late for the defense team to respond so remains unsolved.