1/14
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced | Call with Kai |
|---|
No study sessions yet.
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