Models of Criminal Justice

• Crime Control model


  One of two criminal justice models outlined by Herbert Packer in 1968, in direct opposition to the Due Process model
• Crime Control model


  • Aims to tackle crime effectively and efficiently
  • Removes legal obstacles to getting swift convictions for those accused of criminal behaviour
  • Focused on efficiency and protecting the public from the impacts of crime and criminals
  • Used in times of national emergency or as a response to moral panics
  • Focuses on the punishment of offences and uses the criminal justice system as a deterrent
• Crime Control model


  • Based on principles of swift justice and punishment as a deterrent
  • Looks for quick resolutions to criminal proceedings
  • Less focus on the rights of the accused, more focus on the rights of victims and the public to feel safe
• Application of Crime Control model in England and Wales


  • Extension of police power to stop and search on suspicion of offences
  • Extending detention time for terrorist offences to enable charges to be delayed
  • Removing legal obstacles to prosecution, e.g. ignoring recommendations of EHRC or Human Rights Act, removal of double jeopardy law
• Due process model of Criminal Justice


  Presumes an individual is innocent and provides them with rights throughout the process of the criminal investigation and trial
• The Crime Control model is often used by more right-wing and populist governments
• Due process model


  • Focused on the rights of an individual accused of a crime to ensure a fair trial
  • Based on the idea that individuals are assumed to be innocent until proven guilty by an informed decision-making process
  • Emphasis is on the state to prove that the accused is guilty
  • Associated with more Progressive political ideals and closely link to the left realist view of crime and deviance
• Due process model


  1. Thorough investigation of the crime and of the validity and reliability of the evidence provided

  2. Rights of the accused should be safeguarded

  3. Legislative barriers that the state need to overcome

  4. Questions should be answered by the state

  5. State should act in accordance with the rules and regulations that are set out within that Nation
• Due process model in law in England and Wales


  • Police and criminal Evidence Act (PACE 1984)
  • Accused has the right to have legal representation when questioned and that the interviews be recorded both on video and audio formats
  • Accused should be reminded of their rights throughout the process of the investigation and prosecution and should be kept informed of any developments in their case
  • State should adhere to the Human Rights Act of 1998 and make sure that the accused is treated in accordance with the rights that are set out by this act