1.3 revision sheet
What are crime models?
Herbert packer (1968):
- An American law professor and criminologist
- He wrote academic articles and book called the crime control model and due process model
- They show representations of different priorities in the criminal justice system.
- Helps us identify the balance of power and where it is.
- Hard to have a fair balance between civil liberties and police powers.
2 approaches:
a) The suspect is to be caught and locked away quickly for society to be protected. Worth
taking risks on innocent people if the greater good is protected.
b) Not easy to convict a suspect. Guilty people are worth the risk of being free than an innocent
person going to prison.
Crime control model:
- Also known as the conveyor belt.
- Guilt is implied on the accused person to protect society from danger or violence.
- It tries to prevent or reduce crime.
- Punishment as a sanction is prioritised to try and deter crime being committed further.
- Police have trust placed on them to investigate properly.
- Pro-police powers and enhanced powers. They look to deal with criminal cases quickly.
Examples:
- PACE gives the police legislative powers to stop and search, arrest, detain on reasonable
grounds with reasonable suspicion.
- if they suspect a terrorist, they can detain up to 14 days instead of 24 hours.
- The double jeopardy law was abolished so now a person can be tried twice on the same
crime.
- Bad character from the past can be used in court again.
- Appeal routes are complicated and isn’t always allowed by the superior courts.
Crime has changed since these models in 1968. Terrorism wasn’t even heard of back then.
Links to theories:
Right realism:
- Crime control model is conservative and right wing in the criminal justice system.
- Right realists might prioritise order instead of justice as they believe that crime is caused
from a lack of self-control.
- They favour zero tolerance if the crime was suppressed.
Functionalism:
- Durkheim’s theory argues that crime and punishment needs to happen in order to bring
legal change around.
What are crime models?
Herbert packer (1968):
- An American law professor and criminologist
- He wrote academic articles and book called the crime control model and due process model
- They show representations of different priorities in the criminal justice system.
- Helps us identify the balance of power and where it is.
- Hard to have a fair balance between civil liberties and police powers.
2 approaches:
a) The suspect is to be caught and locked away quickly for society to be protected. Worth
taking risks on innocent people if the greater good is protected.
b) Not easy to convict a suspect. Guilty people are worth the risk of being free than an innocent
person going to prison.
Crime control model:
- Also known as the conveyor belt.
- Guilt is implied on the accused person to protect society from danger or violence.
- It tries to prevent or reduce crime.
- Punishment as a sanction is prioritised to try and deter crime being committed further.
- Police have trust placed on them to investigate properly.
- Pro-police powers and enhanced powers. They look to deal with criminal cases quickly.
Examples:
- PACE gives the police legislative powers to stop and search, arrest, detain on reasonable
grounds with reasonable suspicion.
- if they suspect a terrorist, they can detain up to 14 days instead of 24 hours.
- The double jeopardy law was abolished so now a person can be tried twice on the same
crime.
- Bad character from the past can be used in court again.
- Appeal routes are complicated and isn’t always allowed by the superior courts.
Crime has changed since these models in 1968. Terrorism wasn’t even heard of back then.
Links to theories:
Right realism:
- Crime control model is conservative and right wing in the criminal justice system.
- Right realists might prioritise order instead of justice as they believe that crime is caused
from a lack of self-control.
- They favour zero tolerance if the crime was suppressed.
Functionalism:
- Durkheim’s theory argues that crime and punishment needs to happen in order to bring
legal change around.
