what are the 2 models of criminal justice and who created them
herbert packer 1968
due process
crime control
what is the due process model
-prioritises rights of individual
-greatest threat to individuals freedom is state oppression
-individual entitled to be presumed innocent and not found guilty until they have been through the legal process
-suggests criminal process should set legitimate obstacles to the state which must be gone through to secure a conviction , police must act lawfully/non-discriminatory eg rules on arrest/questioning/legal rep
-supported by left realism/labelling theory/marxism
-less faith in police ability to conduct satisfactory investigations
-guilty sometimes goes free on technicality = lesser evil
what is the crime control model
-prioritises rights of society
-greatest threat to individuals freedom is crime, prioritises suppression of criminal activity
-starts with presumption of guilt
-suggests criminal process should reflect assembly line (conveyor belt) to not overload the courts eg speeding fines (informal, routines processes administered by criminal justice agents like the police to catch offenders)
-support by right realism,functionalism
-trusts police to have expertise to make sound judgements, should be free from legal technicalities preventing them from investigating crime
-few innocent arrested=worth it
what are rules favouring the due process
suspects right to know why they’re being arrested
right to legal representation/remain silent
right to appeal
what are rules favouring crime control
police rights to stop/question/search
they can draw negative inferences from silence
appeal rights not always automatic
what are cons of crime control and due process models
CC
miscarriages of justice
abuse of power eg stop and search (relies on trust)
prison population increasing
DP
too many hurdles=delays eg low rape convictions,underreporting,too hard to find evidence sometimes
more time=backlog of cases
more money
