1.3 - Describe models of criminal justice (FINISHED)

Question 1

Who constructed the models?

Answer 1

Herbert Packer - constructed to represent the two systems of values that operate in the CJS as it is difficult to achieve a fair balance between police powers & civil liberties

Question 2

Crime control model

Answer 2

• Aim to control, prevent & fight crime
• Guilt of the accused is implied to protect society
• Prioritise punishment as a sanction to deter further crime
• Pro-police powers under PACE and trust them to carry out cases properly
• Referred to as conveyor belt as it looks to deal with cases quickly

Question 3

Theories for crime control model

Answer 3

• Right realism (conservative/right wing, prioritise order over justice, favour zero tolerance)
• Functionalism (crime & punishment is necessary for change, leads to reformation which improves CJS)

Question 4

Due process model

Answer 4

• Presumes innocence of suspects & prioritises right to a fair trial (HR Article 5/Article 6)
• Justice system should include appropriate safeguards for the accused
• Police powers should be limited to prevent oppression
• Referred to as an obstacle course as it believes there are legislative obstacles to overcome before conviction to ensure thoroughness

Question 5

Theories for due process model

Answer 5

• Labelling theory (self-fulfilling prophecies from police oppression, believe police resort to illegitimate means of arresting to meet targets)
• Left realism (minimal usage of prison is needed, want to demarginalise individuals)