MODELS OF CRIMINAL JUSTICE

INTRO Different models have been devised that attempt to explain the different features and characteristics of our justice Herbert Packer (1968) identified two of the most recognised models which offer explanations and they can usefully be viewed as opposite ends of a continuum since they present contrasting rationale and characteristics. They are the CRIME CONTROL and DUE PROCESS models

CRIME CONTROL MODEL Emphasises the role of the criminal justice system in REDUCING and PREVENTING crime This is done by prosecuting and punishing the guilty Focuses on the importance for the criminal justice system of PROTECTING and SERVING the public This is done through crime reduction Those thought to be guilty may be pursued regardless of the rules that may be in place for protecting the rights of suspects. Therefore, it can be viewed as a ‘conveyer belt’ with the conviction of the innocent tolerated because the ultimate goal of convicting the guilty overrides civil liberties

DUE PROCESS MODEL Emphasises the rights of the defendant through the principles of the presumption of INNOCENCE. The defendant’s right to fair trial, equality before the law and that justice should be seen to be done are all important aspects. Protection given to defendants is to ensure that the innocent are ACQUITTED and only the guilty are convicted and punished. PACE 1984 – identified the lack of procedural safeguards in police interviews (now recorded and suspects have right to legal representation) Human Rights Act 1998 – allows for criminal justice practices to be scrutinised from a human right perspective