AC 1.3

Question 1

Who came up with the 2 models of criminal justice?

Answer 1

HERBERT PACKER (1968)

Question 2

Herbert Packer (1968) explanation -

Answer 2

HERBERT PACKER (1968) identified tension in the US CJS - a COMPETITION - between TWO distinct models of criminal justice: CRIME CONTROL MODEL, DUE PROCESS MODEL
HERBERT PACKER argued that this tension accounts for the conflict and disharmony observable in the US CJS.

Question 3

What theory can we link to packers idea of criminal justice?

Answer 3

Realist

Question 4

What side of realism is the due process model?

Answer 4

Left realism

Question 5

What is a DPM perspective on trial processes? (4)

Answer 5

Favours the right to a fair trial.

Supports the presumption of innocence.

Regards pre-trial detention as a last resort.

Maintains legal limits on police powers

Question 6

What is the most important function of the criminal justice system according to the DPM.

Answer 6

Due process i.e fairness under the law

Question 7

What should the criminal justice system look like according to the DPM?

Answer 7

legislative obstacle course, consisting of procedural safeguards that protect the innocent & convict the guilty.

Question 8

Does DPM favor the defendants or victims rights to a fair trial? EXAMPLES

Answer 8

Defendants E.G . not having to give evidence in their defense

Question 9

According to the DPM, should police powers be limited or increased? EXAMPLES

Answer 9

limited e.g . Police officers must form reasonable suspicion before they can lawfully arrest someone (e.g. S. 24, pace 1984).

Question 10

What should courts be held accountable for according to the DPM? EXAMPLES

Answer 10

Courts should held accountable to rules & procedures to ensure fairness & consistency e.g , e.g. limits on inferences that can be drawn from no-comment replies in police interviews,

Question 11

What is the crime control model of criminal justice (CCM)?

Answer 11

A socially conservative perspective of the criminal justice process.

Question 12

What kind of justice does the CCM represent?

Answer 12

assembly-line conveyor belt justice

Question 13

Why is crime control the most important function of criminal justice according to the CCM?

Answer 13

order is a necessary condition for a free society.

Question 14

What does assembly-line conveyor belt justice mean?

Answer 14

Cases should be disposed of quickly. Therefore, the deterrent effect of swifter justice & punishment of offenders are desirable goals (e.g. speedy prosecutions after 2011 riots in London). – like a conveyor belt on a factory assembly-line.

Question 15

What does the CCM emphasize the need for ? (4)

Answer 15

Expansion of police powers & policing to control crime

Promotion of victims’ rights over D’s rights

Rules of evidence that favour prosecution of suspects

Swifter & harsher penalties.

Question 16

What theories link with the due process model?

Answer 16

Labelling theory
Left Realism

Question 17

What theories link to the crime control model?

Answer 17

Right Realism
Functionalism

Question 18

How does left realism link to the DPM?

Answer 18

Police must follow due process by acting in a lawful and non discriminatory way if they want to fight crime effectively.

Question 19

How does labelling theory link to the DPM?

Answer 19

Police may be tempted to act illegally towards ‘typical criminals’, the DPM offers protection against this scenario.

Question 20

How does right realism link to the CCM?

Answer 20

CCM is right wing approach to justice and has much in common with right realist views e.g. zero tolerance policing strategies, favors giving police more powers.

Question 21

How does functionalism link to the CCM?

Answer 21

Functionalist theory - punishment reinforces societies moral boundaries , and as the main function of justice is to punish the guilty, thi8s enables society to express its moral outrage and strengthen social cohesion.

Question 22

Is this favoring DPM or CCM? - Suspects right to know why they are being arrested

Answer 22

DPM

Question 23

Is this favoring DPM or CCM? - Right to remain silent during police questioning - based on the principle that is the prosecutions job to prove guilt, not the accused job to prove innocence

Answer 23

DPM

Question 24

Is this favoring DPM or CCM? - Right to not be detained indefinitely without charge

Answer 24

DPM

Question 25

Is this favoring DPM or CCM? - Right to not be retried for the same offence once acquitted

Answer 25

DPM

Question 26

Is this favoring DPM or CCM? - Police rights to stop, question, search and arrest

Answer 26

CCM

Question 27

Is this favoring DPM or CCM? - Court may draw negative inferences if defendant remains silent when questioned by police or fails to testify in court without good reason

Answer 27

CCM

Question 28

Is this favoring DPM or CCM? - Extended police detention is allowed for questioning on suspicion of indictable offences (36 + 96 hrs) and terrorist offences (14 days)

Answer 28

CCM

Question 29

Is this favoring DPM or CCM? - Extended period before access to a lawyer is allowed (for serious offences). Restrictions on availability of legal aid

Answer 29

CCM

Question 30

CCM Case study - colin stagg

Answer 30

Stagg was a victim of attempted entrapment following the murder of Rachell Nickell. Despite the lack of evidence against him, police became convinced that he was the killer and tried to use a honey trap to trick him into confessing to the crime

Question 31

CCM Case Study - Sally Clark

Answer 31

she was wrongly jailed for the murder of her 2 baby sons party due to a home office pathologist and a prosecution witness failing to disclose relevant information to the defense lawyers.

Question 32

What is the biggest threat to freedom according to the CCM?

Answer 32

crime

Question 33

What is the biggest threat to freedom according to the DPM?

Answer 33

states power

Question 34

Does the CCM or the DPM start with the presumption of guilt?

Answer 34

CCM