Models of Criminal Justice Administration

• What are the two competing perspectives on the value systems underlying the administration of criminal justice? Explain those perspectives.

  The two competing perspectives on the value systems underlying the administration of criminal justice are:

  1. Crime Control: An orientation to criminal justice in which the protection of the community and the apprehension of the offenders are paramount.
  2. Due Process: An orientation to criminal justice in which the legal rights of individual citizens, including crime suspects are paramount.
• What is the "fine balance" between crime control and due process?

  The fine balance to be struck between – crime control – giving criminal justice agencies the unfettered power to apprehend and prosecute offenders and – due process – protecting citizens from the potential abuses of power.
• Adversarial System

  A system of justice that is based on two opposing sides – the prosecution and the defence – arguing guilty or innocence of a person before judge or jury.
• The standard the must be met – in an adversarial system – by the prosecution is proof of? What does this standard uphold?

  The standard that must be met by the prosecution is proof of:

  • Beyond a Reasonable Doubt: The standard that must be met to convict a defendant in a criminal case. This requires the facts presented provide the only logical explanation for the crime.

  This upholds the presumption that the person is innocent until proven guilty – the prosecution has to prove the accused is guilty.
• What are two common law rules that have been enshrined in the Charter of Rights and Freedoms with our adversarial system?

  The two common law rules that are enshrined in the Charter of Rights and Freedoms with our adversarial system are:

  1. The truth will emerge from the materials present by the defence and Crown.
  2. The judge or jury will be a neutral third party and will make decisions solely on the evidence, not subject to other influences.
• What are three critiques to the adversarial system?

  The three critiques to the adversarial system are:

  1. The process encourages the parties to present a distorted version of events.
  2. There are concerns with the quality of legal representation for many defendants and the ability of the criminal justice system to solve problems rather than merely act on them.
  3. Impedes the development of specialised courts which focus on the approach of therapeutic jurisprudence in a problem solving framework which collaborates with police, social services, and medical professionals.