1.3- models of CJS

What did Sir Herbert Packer theorise

• there were 2 opposing models

• Hold different values and shape the criminal justice system

What are the two models of the criminal justice system

• Crime control model

• Due process model

What is the basis of the crime control model

• built on the idea of presuming someone is guilty

What are the values of the crime control model

• to protect people freedom we must suppress crime through punishment of offender to deter and prevent future criminal acts

What does the crime control model state in relation to police

• should be free to investigate crime in spite of legal technicalities

• As police can identify guilt through investigating

What does the crime model lean towards once someone is found PROBABLY guilty

• quick turnaround of prosecution, conviction, and punishment

What does the crime control model accept

• that to convict the majority of those who are guilty, there may be some individuals who are wrongfully convicted

What does the crime control model prioritise

• the rights of society (victims) to uphold protection

What does the due process model state about freedom

• individuals freedom is controlled by the state

What does the due process model aim to do

• protect those who have been accused of a crime from the oppression of the police, prosecutors and judges

What is the basis of the due process model

• presume innocence

• Innocent until proven guilty

Why must all professionals follow due process rules

• lack of faith in the police forces ability to conduct fair and honest investigations

• Therefore must be safeguarded by due process rules

What are rules and procedures in place in the due process model

• to make it the role of law professionals to prove someone’s guilt to be able to prosecute

What is a downside to the due process model

• those who are guilty being let free from conviction

• Deemed as less evil that convicting the innocent

What does the due process model highlight

• the rights of the accused rather than the rights of society

How does the crime control model link to right realism

• favours giving police greater powers to investigate and suppress crime

• Like zero tolerance policy

How does the crime control model link to functionalism

• punishment reinforces societies moral boundaries

• Fuction of system is to punish guilty, enable moral outrage and social cohesion

How does the due process model like to labelling

• aims to stop oppression

• Police tempted to label groups as typical criminals

• Model means they must follow lawful procedures

How does the due process model like to left realism

• oppressive policing in poorer areas triggers confrontation and unwillingness to assist

• Must cooperate with community by being fair and lawful

Rules favouring the due process model

• right to remain silent

• Right to not be detained indefinitely without charge

• Right to appeal conviction or sentence

• Rules governing admissibility of evidence in court

• Suspects right to know they are being arrested

Rules favouring the crime control model

• police right to stop question search and arrest

• Extended police detention allowed for questioning for indictable offence

• Court may draw negative conclusions from remaining silent or failing to testify

• Public interest immunity certificate allow to avoid disclosing evidence

Colin stagg

• victim of attempted entrapment

• Rachel nickels

• Lacked evidence but set up honey trap operation to trick a confession

Sally Clark

• wrongfully convicted for murder of two sons

• Home office pathologist and prosecution witness Williams failed to disclose relevant info to defense

Birmingham six

• wrong fully convicted for 21 murders

• Police fabricated evidence, deprived from sleep, used violence and threats

• Judge deemed confessions admissible and excluded defense evidence

West midland serious crime squad

• reaponsible for over 100 cases involving malpractice from officers

• Assaulting prisoners, fabricating confessions, planting evidence

Bingham Justices

• bias of magistrate

• Defendant evidence contradicted officers on speeding case

• Chair man of magistrate-“ Principle to belive officer”