1.3- describe models of criminal justice

Question 1

Who created the models of criminal justice and what did he do

Answer 1

Herbert packer, he was a American law professor and criminologist

Question 2

What are the 2 models

Answer 2

Crime control model and due process model

Question 3

Why were the 2 models created

Answer 3

To represent the different priorities in the justice system and identify where the balance of powers lie (police and civil liberties)

Question 4

What is the crime control model also known as and why

Answer 4

Conveyor belt- speedy prosecution, once on hard to get off

Question 5

What are the main goals/aspects of the crime control model

Answer 5

• guilt implied
• aim of reducing crime
• prioritise punishment
• emphasis right of the victim
• innocent convicted=small price to pay

Question 6

For the crime control model, where is the trust placed

Answer 6

In hands of the police/authorities (pro-police powers)

Question 7

What are legal technicalities seen as in the crime control model for the police

Answer 7

A barrier for them fulfilling their role

Question 8

Crime control model, links to criminal justice system

Answer 8

• PACE- police powers (stop, search, arrest, detain)
• terrorist cases- detain for longer than usual 24 hours- up to 14 days
• agree with abolishment of double jeopardy
• evdince of past bad character/convictions aloud in court

Question 9

Explain right realism as a theory link for the crime control model

Answer 9

crime control model is right winged
crime caused by lack of self control
zero tolerance for greater police powers

Question 10

Explain functionalism as a theory link for the crime control model

Answer 10

Crime/punishment needed to bring legal change
Punishment= demonstrate disapproval, reform justice system
Society express moral outrage- strengthen social cohesion

Question 11

What is the due process model also known as and why

Answer 11

Obstacle course- need to overcome obstacles to secure conviction (thorough/fair/accurate)

Question 12

What are the main goals/aspects of the due process model

Answer 12

• presume innocence until proven guilty
• everyone equal before law
• emphasise right of accused
• accidental freeing of guilty=small price to pay

Question 13

For the due process model, what do they say should be done to police powers

Answer 13

Should be limited- prevent opression of civil liberties, police not always honest

Question 14

What does the due process model say should be provided for the accused

Answer 14

Safeguards (code of practice- rules when questioned, under PACE)

Question 15

Due process model, links to criminal justice system

Answer 15

• PACE (code of practice)- rights of perosn detained
• strife rules for admission of evidence (Coercive confessions, evidence not in interest of justice)
• right to fair trial (human rights act)

Question 16

Explain left realism as a theory link for the due process model

Answer 16

Lea and young- minimal use of prisons
Individuals should be demarginalised
Relative deprivation= vulnerable communities leading to victimisation
Military policing= people less willing to help/lack of community cooperation

Question 17

Explain the labelling theory as a theory link for the due process model

Answer 17

Howard Becker
Self fulfilling prophecy- become label
Prevent police oppressing those labelled as criminal
Police use illegitimate mean of arresting- model tries to prevent this (police procedures)