The Due Process Model
The Due Process model prioritises ensuring correct and justified verdicts by protecting suspects from potential abuses of authority. This model sets up an "obstacle course" of procedures that police, judges, and lawyers must navigate to secure a conviction.
Key features of the Due Process model include:
- Treating the accused as innocent until proven guilty
- Creating procedural safeguards throughout the justice process
- Protecting individuals from potential oppression by authorities
- Accepting that some guilty people might go free to protect the innocent
Important Principle: The Due Process model considers the release of guilty people on technicalities an acceptable price to pay to ensure no innocent people are wrongfully convicted. The three features that define this model are presumption of innocence, procedural safeguards, and protection from authority.
Significant Case Studies:
- Barry George/Jill Dando case - thorough police investigation, allowed appeals, and decisions challenged
- Maxwell Confait murder - led to changes in law including PACE (Police and Criminal Evidence Act), requiring recorded interviews
- Colin Stagg - judge dismissed the case because evidence was improperly obtained
The Innocence Project has helped overturn numerous wrongful convictions, with hundreds of cases still pending review. Recent wrongful conviction statistics show this remains a significant problem in 2023, highlighting the importance of due process protections.