1.3 Models of Criminal Justice

Question 1

When and Who described 2 opposing beliefs about the criminal justice system?

Answer 1

2 models of criminal justice – Criminologist Herbert Packer in 1968 described 2 contrasting beliefs about the justice system

Question 2

What are the key aspects to the crime control model?

Answer 2

• Presumption of guilt – trusts the police to identify the guilty
• Police should be able to investigate freely, without legal issues
• Conveyor belt – act as quickly as possible
• Argues if the minority convicted are innocent, if the majority are guilty, it’s fine
• Values the rights of society instead of those of the Individual

Question 3

Which criminology theories link to the Crime control model?

Answer 3

• Right realism – it’s a right-wing policy e.g. zero tolerance policing + greater police power
• Functionalism – punishment acts as boundary maintenance morally to strengthen public cohesion

Question 4

What are the rules within the UK CJS that favour the Crime Control Model?

Answer 4

• Court can make negative inferences from a defendant’s silence
• Extended police detention without charge for terror offences (36-96hrs – 14days)
• Juryless trials – e.g. Diplock trials used in NI throughout the troubles

Question 5

What are the main features of the Due Process model?

Answer 5

• Protect Indvidual freedom from oppression from the state
• Presumption of innocence – innocent until proven guilty
• Rules for investigations must be followed to prevent police misconduct
• Means the guilty could go free on a technicality, but they argue this is more humane than convicting the innocent

Question 6

Which criminology theories does the Due Process model link too?

Answer 6

• Labelling theory – aims to protect those the police presume to be criminals due to stereotyping and requires them to follow lawful procedure
• Left realism – argues the oppressive nature triggers miscarriages of justice and people being unwilling to assist police

Question 7

What are the features of the UK CJS that favour the Due process model?

Answer 7

• Right to legal representation
• Right to trial by peers (Juries)
• Rules governing admissibility of evidence in court