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Unit 4 A.C. 1.3- Describe Models of Criminal Justice - Coggle Diagram
Unit 4 A.C. 1.3- Describe Models of Criminal Justice
Herbert Packer, Stanford University law professor, constructed 2 models of how criminal justice system can work - crime control model + due process model. Represent opposing views within criminal justice. Models reflect 2 competing systems of values based on what's considered most important in crime control:
efficient suppression of crime + maintenance of public order vs protection of rights + fair delivery of justice.
Crime Control Model starts from presumption of guilt
focuses on having an efficient system, with most important function being to suppress + control crime ensuring that society is safe and there is public order
justice process resembles an ‘assembly-line’: law enforcement apprehends suspects; the courts determine guilt; the guilty receive appropriate + severe punishments
more likely to take plea bargain because trials take too much time + slow down process
innocent people occasionally convicted by mistake, but this is a price worth paying for convicting many guilty people
controlling crime more important than individual freedom
more conservative perspective
advocate for swift and severe punishment for offenders
zero tolerance approach found in right realism- swift justice + harsh policies to deter, + functionalism- boundary maintenance, norms and values of society
Key Concerns
repression of crime should be most important function of criminal justice because order is a necessary condition for a free society
aim of this model is to punish criminals + prevent from committing further crimes
should concentrate on protecting victims' rights rather than defendants' rights
legal technicalities that handcuff police should be eliminated
police powers should be enhanced + expanded to make it easier to investigate, arrest, search, seize, and convict
if police make an arrest + a prosecutor files criminal charges, accused should be presumed guilty because the fact‐finding of police + prosecutors is highly reliable
main objective of criminal justice process should be discovering the truth/ establish factual guilt of the accused
Examples of laws supporting/ favouring CCM
allowing introduction of ‘bad character’ evidence + previous convictions information for courts to consider when deliberating a verdict
removal of Double Jeopardy rule for murder + other serious offences
extended pre-charge detention time for indictable + terrorist offences
extended period before access to lawyer allowed for serious offences
restrictions on legal aid
police rights to stop, question, search, arrest, without giving a reason in some circumstances
negative inferences from defendant remaining silent in court/ when questioned
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Theories linking with CCM
Right realism- zero tolerance, swift justice and harsh policies to deter
Functionalism- boundary maintenace, norms and values of society
Due Process Model starts from presumption of innocence
focuses on having a just/ fair criminal justice system for all + a system that doesn't infringe upon constitutional rights
focuses on presumption of innocence + necessity of protecting rights of defendant
protection of individual rights/ freedoms is of utmost importance + has often be aligned more with liberal perspective
relates to the left realism: use measure to prevent crime rather than just punish approach to criminality + labelling theory: self-fulfilling prophecy
Key Concerns
most important function of criminal justice should be to provide due process/ fundamental fairness under the law
concentrate on rights of accused + not on those of the victim or society
police powers should be limited to prevent official oppression of individual
criminal justice authorities should be held accountable to rules/ procedures/ guidelines ensuring fairness + consistency in justice process
follow procedures designed avoiding wrongful conviction + ensure just verdict is reached
Examples of laws supporting/ favoring the DPM
acknowledgement of need for police procedural safeguards by the introduction of Police & Criminal Evidence Act 1982 (PACE)
interviews recorded + suspects have the right to legal representation
suspect's right to know why they are arrested
right to remain silent when questioned
requirement for the prosecution to prove guilt rather innocence
right to legal representation/ bail
right to trial by ones peers
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Theories linking to DPM
Labelling- self fulfilling prophecy
Left realism- use measure to prevent crime rather than just punish