Ac 1.3

• AC: 3.1 crime control model

  in 1968, Herbert Packer describe two sets of values that shape the way the criminal justice system works

  • Crimes a threat to peoples freedom, so goal of crime control model is to suppress crime, it prioritises, catching and punishing offenders, deterring, and preventing them from committing crime
  • Starts with a presumption of guilt, trusting police to identify those who are probably guilty through investigation
• AC:3.1 crime control model p2

  Links to CJS

  • Police powers under PACE, stop, search, arrest, terrorist cases police can detain for 14 days, not just 24 hours,
  • abolishment of double jeopardy means people can be tried twice for the same crime (due to Julie Hogg and Billy Dunlop)
• AC: 3.1 crime control model p3

  Links to theory

  • Right realism, crime control model is conservative and right wing, right realist, prioritise order, rather than Justice, right realist, would favour zero tolerance strategies, if it meant crime was suppressed
  • Functionalist, Durkheim he argues crime and punishment is needed to bring legal change, idea of a justice system that punishes means society can demonstrate disapproval and can lead to reform improving the criminal justice system
• AC: 3.1 due process model

  Often called obstacle course, because they argue there should be legislative obstacles to overcome before conviction

  • Presumes innocence, and that everyone has a right to fair trial (links to article six of human rights act, right to a fair trial)
  • Power of state is greatest threat to individuals, freedom, goal of the due process model is to protect individual from oppression
• AC 1.3 conclusions about the models

  Smith, due process can never be provided as a yardstick because criminal justice must always be a compromise between both due process and crime control

  • Duff says there will always be differences between due process and crime control because there’s confusion over the meaning of crime control
  • Potentially suggesting both the needed for an effective criminal justice system as they balance both sides
• Ac 1.3 crime control model

  in 1968, Herbert Packer describe two sets of values that shape the way the criminal justice system works

  • Crimes a threat to peoples freedom, so goal of crime control model is to suppress crime, it prioritises, catching and punishing offenders, deterring, and preventing them from committing crime
  • Starts with a presumption of guilt, trusting police to identify those who are probably guilty through investigation