AC 1.3

• Origins of models of criminal justice


  In 1986 Herbert Packer, an American professor of law and criminology, described two sets of values which made up two models of criminal justice:

  The crime control model of justice

  The due ptocess model of justice
• The crime control model


  1. The main aim is the suppression of crime.

  2. Persumption of guilt.

  3. Less restraint for the police.

  4. Favours a conveyor belt justice system that speedily prosecutes.

  5. Argues that few innocents are occasionally convicted by mistake.

  6. Emphasises the rights of society and victims.
• The due process model


  1. The main aim is to protect the accused from oppresion by the state and its agents.

  2. Persumption of innocence.

  3. Less faith in the police, therefore there is set of due process rules that investigations and trials must follow.

  4. Obstacle course that prosecutors have to overcome before they can secure a conviction.

  5. Argues that guilty that go free due to a "technicality" is a lesser evil than convicting innocent.

  6. Emphasises the rights of accused individual.
• The crime control model and theories


  Right realism - the crime control model is right wing and conservative, has much common with right realism, e.g. 0 tolerance, greater powers to the police.

  Functionalism - as the main function of justice is to punish the gui;ty, this enables the society to express moral outrage and strengthen social cohesion.
• The due process model and theories


  Labelling theory - the police is might be more likely to oppress groups labeled as criminals, the due process protects such people.

  Left realism - argues that opressive policing of poor areas creates lack of consent from the public. If the police want to be effective they must act lawfully.
• Rules favouring due process in the UK


  1. The suspect's right to know why they are being arrested

  2. The right to remain silent.

  3. The right not to be detained indefinately without charge.

  4. The right to legal representation.

  5. The right to trial by jury.

  6. The right to appeal.

  7. The right to to be retried for the same offence once acquitted.

  8. Rules regarding evidence in court.

  9. Evidence disclosure.
• Rules favouring crime control in the UK


  1. The right to stop and search without giving a reason in some circumstances.

  2. Defendant's silence can be perceived negatively.

  3. Extended police detentions for indictable and terrorist offences.

  4. Jury trials only for indictable offences; Magistrates are more likely to convict.

  5. Appeal rights are not always automatic.

  6. A second prosecution is allowed if new evidence emerges.

  7. Evidence of bad character and previous conviction is allowed.

  8. Public-immunity certificates may allow the prosecution to avoid disclosing evidence.
• Miscarriages of justuice


  Colin Stagg -victim of attempted entrapment following the murder of Rachel Nickell.

  Sally Clark -wrongly jailed for the murder for her two sons as a result of Roy Meadow.

  Brumie 6 -wrongly convicted of 21 murders; the police fabricated evidence and deprived them of sleep, food and used violence and threats to extract confessions.

  The West Midlands Serious Crime Squad -responsible for more than 100 cases with malpractice by the police.

  The case of Bingham Justices -bias by a magistrate - "my principle in such cases has always been to believe the police officer".