AC1.3 Describe models of criminal justice system

Herbert Packer

• an American Stanford law professor and criminologist

• wrote the book “the limits of the criminal sanction”

• he proposed two models of the criminal justice system (the crime control model and the due process model) - two competing systems of values

Crime Control Model

• Seek to deal with criminal cases quickly and efficiently. Seeking a conviction at any cost

• Aim is to punish criminals and stop them committing further crimes

• “zero tolerance approach” (right realism)

• focuses on rights of the victim rather than rights of the offender

• police powers should be expanded to enable better investigations, more arrests, searches and convictions

• legal technicalities which restrain police powers should be eliminated (Christopher Halliwell)

• doesn’t acknowledge the cause of crime

• CJS should operate like a conveyor belt , moving swiftly

• suspects are presumed guilty

Examples of areas in the law that support CCM

• Police and Criminal Evidence Act 1984 - police powers expanded through stop and search

• Counter-terrorism and security Act 2015 - power to seize passports and restrict movement of terrorism suspects

• “double jeopardy” abolished

CCM case example

Colin Stagg

using tactics which expand police power like undercover strategies, pressuring a confession

presumption of guilt - focusing on a conviction

Due Process Model

• innocent until proven guilty

• promotes fairness and protects the defendant’s rights

• police powers should be limited to prevent official oppression of individuals

• investigations should be thorough to ensure factual guilt

• the CJS and authorities should be held accountable to rules, procedures and guidelines

Examples of areas in the law that support DPM

Human Rights Act 1998 - right to a fair trial and privacy

Equality Act 2010 - prevents discrimination

DPM case example

Murder of James Bulger

Thompson and Venables were children when committing murder and the rights of the offenders were closely considered (youth court, sentencing focused on rehabilitation)