AC 1.3 - Due Process Flashcards
Name the individual responsible for the two models of Justice.
Herbert Packer.
Name the two models of Justice.
The Crime Control Model and The Due Process Model.
What is the crime control model?
The model states that the most important function of the criminal justice system is the control of criminal behavior If someone is charged with a crime, they must be guilty
What is the motto of the crime control model?
Guilty until proven innocent
Examples of where the Crime Control Model is in practice in some areas of Law.
The introduction of ‘bad character’ statements, the disclosure of previous convictions in Courts, the removal of the ‘Double Jeopardy’ rule and the right to detain suspects without charge in anti-terrorism legislation.
Examples of criminal cases whereby the Crime Control Model has been used.
Colin Stagg in the murder of Rachel Nickell.
Barry George in the murder of Jill Dando.
Outline the Due Process Model.
- The priority of this model is to protect the innocent and focuses more on the rights of the defendants in preference to the rights of the victims.
- The Due Process model is innocence implied and focuses on restricting Police powers rather than expanding them.
- The Due Process Model emphasizes equality before the law, and the right to a fair trial.
What is the due process model motto?
Innocent until proven guilty
Examples of where the Due Process Model is in practice in some areas of Law.
The PACE Act 1984 - Police and Criminal Evidence Act - an act which identified a lack of procedural safeguards within Police interviews.
The recording of interviews, alongside suspects having a right to seek legal representation. And the Human Rights Act 1998 - which allows for Criminal Justice practices to be scrutinized from a Human Rights perspective.
Examples of criminal cases whereby the Due Process Model has been used.
Sion Jenkins (e.g. right to appeal against his conviction).
