1
Q
What is the lady of justice and what do her features represent
A
- she is symbolic of the moral compass guiding the justice system
- blindfold represents impartiality
- scales represents the balance between fairness and truth
- sword represents authority, justice is swift, final and transparent (unsheathed)
- models of justice should ensure/aim for these things
2
Q
In 1968, Professor of Law and Criminology, Herbert Packer described two opposing models that shape the way the criminal justice systems work.
What are these?
A
- the crime control model: emphasises the efficient arrest and conviction of offenders
- the due process model: emphasises the rights of the individual at all stages of the CJS
3
Q
What is a quote the crime control model follows?
A
‘An eye for an eye’ Exodus 21:24
4
Q
What is a quote the due process model follows?
A
“The purpose of the Criminal justice system (CJS) is….to deliver an efficient, effective, accountable and fair justice process for the public” (Garside, 2008)
5
Q
Describe the features of the due process model
A
- This models starts from a presumption of innocence. The accused is innocent until proven guilty by the courts -> emphasises presumption of innocence
- emphasises the rights of the accused individual rather than those of victims or society -> puts defendant at heart of the case
- Rather than a conveyor belt carrying the accused to punishment swiftly, this model provides rules as an obstacle course for prosecutors to overcome to secure a conviction -> allows all legal rights
- has less faith in the police’s ability to conduct satisfactory investigations. Suspect and defendant rights need to be protected by rules that must be followed during investigations and trials -> aims to minimise police powers
- argues that some guilty offenders going free on a ‘technicality’ is a lesser evil than convicting the innocent.
- The power of the state is the greatest threat, the main goal is to protect the accused from oppression by agents of the state (police, etc)
- links to theory of left realism
6
Q
Describe the features of the crime control model
A
- This model starts from a presumption of guilt (guilty until proven innocent). It trusts the police to be able to identify the ‘probably guilty’ through investigations and interrogations.
- Crime is a threat to people’s freedom, the main goal is the suppression of crime by prioritising catching and punishing offenders.
- emphasises the rights of the victim and society rather than those of the suspects -> puts victim at heart of the case
- adopts a conveyor belt type system/approach to crime control that speedily prosecutes, convicts and punishes the ‘probably guilty’
- believes that the police should be free from unnecessary legal technicalities that prevent them from investigating crime=aim to maximise police powers and tries to restrict legal rights
- argues that a few innocent people occasionally being wrongly convicted is a price worth paying for the conviction of large numbers of guilty people
- links to theory of right realism
7
Q
What laws, government rules or policy support the due process model?
A
- CJA- Rules of Evidence-What is admissible is ensure people are fairly treated.
- PACE- How/why people are arrested and informed of their rights.
- HRA 1998- Criminal justice practices must comply.
- Theory Links- is all to protect people. To limit the powers of agencies and to attempt to negate the impact of capitalism to create more equality ->Left Realism
- Criticism- Guilty people freed on legal technicalities or loop holes.
8
Q
Explain how certain cases relate to due process
A
- Barry George: convicted of the murder of Jill Dando. Served 8 years in prison. Fits due process model as : police investigation was thorough, appeals allowed and decisions challenged
- Sion Jenkins: right to appeal against conviction- Convicted of murdering his foster daughter based on microscopic droplets of DNA, due to his right to appeal the conviction was eventually quashed after several years.
- Colin Stagg: Improperly obtained evidence- not allowed by Judge.
- Robert Thompson and John Venables (not due process):Human right compliance.- Fair trial. Killers of James Bulger, European Court of Human Rights ruled killers did not get a fair trial due to publicity and adult court, links to the belief in Human Rights for suspects
don’t need all of these cases
9
Q
What Laws, government rules or policy support the Crime Control model?
A
- Evidence rules- Allowing bad character evidence and previous convictions.
- The removal of the double jeopardy law
- The extension of detention time for suspected terrorists
- criticism-Securing conviction at any cost- innocent people found guilty
10
Q
Explain how certain cases relate to crime control
A
- Barry George: Convicted of the murder of Jill Dando. Served 8 years in prison.
Fits Crime Control Model as: Focussed on Barry as he fit the profile, Conviction based on a single piece of GSR evidence, imprisonment, Failed appeal, No compensation- as not considered Miscarriage of justice. - Sion Jenkins:Orignial conviction, Little evidence- had to prove innocence to get compensation (been denied compensation on the grounds that there is no evidence to prove his innocence)
- Colin Stagg:Targeted by police as he fit the profile of a strange/loner. Confession- extracted by honeytrap.
- Birmingham six: false confessions = abuse of power by the police.
don’t need all of these
11
Q
exam advice for 1.3 (describe models of criminal justice): exam questions when describing and higher marks, add support (cases and legislation)
A
