AC1.3- Describe models of criminal justice
Crime Control Model:
● Made by Herbert Packer
● Seeks a quick and efficient disposal of criminal cases- 'Conveyor Belt'
● Has a main aim of punishing criminals and stop them from committing further crime
● Focuses on protecting the rights of a victim rather than the defendant
● The police should have enhanced powers
● Zero-tolerance approach found in right-realism
● Does not address the causes of crime nor that crime can be deterred through
detection and conviction
Examples of areas of law that support the Crime Control Model:
● Allowing the introduction of 'bad character' evidence and previous conviction
information for the courts to consider when deliberating a verdict
● The removal of the 'double-jeopardy' rule for murder and other serious offences
● The extended pre-charged detention time for terrorist offences
● Examples of cases: Colin Stagg, Barry George, Gareth Hughes
● In the above cases, murder provoked strong public reaction, deemed for the case to
be solved as quickly as possible
Due Process Model:
● Focuses on the presumption of innocence and the necessity of producing fairness by
protecting the defendant's legal rights
● Police should have limited powers, prevents oppression to the individual
● The justice system should safeguard all rights of an individual, prevents wrongful
convictions
● There should also be a thorough investigation, protection of the innocent by
legislative obstacles
● Helps to ensure a correct and just verdict
● Relates to the left-realism approach
● A more equal and caring society would eventually eliminate crime
Examples of areas of law that support the Due Process Model:
● The acknowledgement of the need for police procedural safeguards by the
introduction of the police and criminal evidence act 1984
● All interviews are now recorded, suspects have the right to legal representation
● Human rights act 1998 allows for criminal justice practices to be thoroughly looked at
from a human rights perspective
● Examples of cases: Sion Jenkins, Gary Weddell
● In the above cases, the defendants were given their statutory legal rights: right to
appeal against a conviction,ensure a trial was fair through the use of human rights,
exercise the presumption of bail
Crime Control Model:
● Made by Herbert Packer
● Seeks a quick and efficient disposal of criminal cases- 'Conveyor Belt'
● Has a main aim of punishing criminals and stop them from committing further crime
● Focuses on protecting the rights of a victim rather than the defendant
● The police should have enhanced powers
● Zero-tolerance approach found in right-realism
● Does not address the causes of crime nor that crime can be deterred through
detection and conviction
Examples of areas of law that support the Crime Control Model:
● Allowing the introduction of 'bad character' evidence and previous conviction
information for the courts to consider when deliberating a verdict
● The removal of the 'double-jeopardy' rule for murder and other serious offences
● The extended pre-charged detention time for terrorist offences
● Examples of cases: Colin Stagg, Barry George, Gareth Hughes
● In the above cases, murder provoked strong public reaction, deemed for the case to
be solved as quickly as possible
Due Process Model:
● Focuses on the presumption of innocence and the necessity of producing fairness by
protecting the defendant's legal rights
● Police should have limited powers, prevents oppression to the individual
● The justice system should safeguard all rights of an individual, prevents wrongful
convictions
● There should also be a thorough investigation, protection of the innocent by
legislative obstacles
● Helps to ensure a correct and just verdict
● Relates to the left-realism approach
● A more equal and caring society would eventually eliminate crime
Examples of areas of law that support the Due Process Model:
● The acknowledgement of the need for police procedural safeguards by the
introduction of the police and criminal evidence act 1984
● All interviews are now recorded, suspects have the right to legal representation
● Human rights act 1998 allows for criminal justice practices to be thoroughly looked at
from a human rights perspective
● Examples of cases: Sion Jenkins, Gary Weddell
● In the above cases, the defendants were given their statutory legal rights: right to
appeal against a conviction,ensure a trial was fair through the use of human rights,
exercise the presumption of bail
