AC1.3 Describe Models of Justice

Question 1

Who came up with the 2 models of justice?

Answer 1

Herbert Packer, a Stanford University Law Professor.

Question 2

What are the names of the 2 models of justice?

Answer 2

1) Due Process

2) Crime Control

Question 3

What are the main principles of the Due Process model?

Answer 3

• Presumption of innocence of the suspect.
• Rights of the defendant are protected.
• Cases are examined in detail to avoid mistakes.
• Police powers should be limited.

Question 4

Which realism ideology does the Due Process model link to?

Answer 4

Left Realism.

Question 5

Give some examples of law which link to the due process model and explain how they link.

Answer 5

• Police and Criminal Evidence Act 1984: interviews must be recorded, presumed right to bail, right to free legal advice.
• Human Rights Act 1998: innocent until proven guilty, right to fair trial, forbids torture.

Question 6

Give some examples of cases which link to the due process model and explain how they link.

Answer 6

• Sion Jenkins: appealed 3 times which shows presumption of innocence and time spent on one case.
• Gary Weddell: was released on bail for murder which shows presumption of bail.
• Thompson and Venables: shows how right to fair trial is upkept.

Question 7

What are the main principles of the crime control model?

Answer 7

• Protects rights of victims over defendants.
• Wants quick process of cases.
• Police powers should be enhanced to gain a conviction in any way needed.
• Aims to punish offenders.

Question 8

Which realism ideology does the Crime Control model link to?

Answer 8

Right Realism.

Question 9

Give some examples of law which link to the crime control model and explain how they link.

Answer 9

• Criminal Justice Act 2003: previous convictions and ‘bad character’ evidence now allowed in court, as well as the removal of the double jeopardy rule.
• Terrorism Act 2006: pre-charge detention time extended to 28 days for terrorism suspects.

Question 10

Give examples of cases which link to the crime control model and explain how they link.

Answer 10

• Colin Stagg: Police used Lizzie James undercover letters to try and obtain a conviction.
• Barry George: Police looked over case details and convicted on small piece of evidence.
• Gareth Hughes: Police were convinced he was the killer and tried to get a conviction as quickly as possible.