Key Concerns and Case Studies

This page outlines the key concerns of each model and provides case studies illustrating their application in real-world scenarios.

Key Concerns

Crime Control Model Concerns:

1. Crime repression as the most important function
2. Vindicating victims over protecting defendants' rights
3. Expanding police powers
4. Eliminating legal technicalities that limit police
5. Swift case disposition
6. Presumption of guilt based on charges filed

Due Process Model Concerns:

1. Providing fundamental fairness under the law
2. Limiting police powers
3. Implementing procedural safeguards
4. Holding authorities accountable to rules and procedures
5. Basing guilt on proper legal procedures
6. Protecting innocence and individual rights

Vocabulary: Procedural safeguards are measures designed to protect individual rights during legal proceedings.

Case Studies

The page presents several case studies to illustrate the application of these models:

1. Colin Stagg (Crime Control): Used undercover tactics to obtain a confession.
2. Sion Jenkins (Due Process): Multiple appeals demonstrating presumption of innocence.
3. Gary Weddell (Due Process): Released on bail for murder, showing presumption of innocence.
4. Barry George (Crime Control): Convicted based on a small piece of evidence.
5. Thompson v UK (Due Process): Protected identity during trial to ensure fair proceedings.
6. Venables v UK (Due Process): Identity protection and post-trial safeguards to uphold right to fair trial.

Example: In the Colin Stagg case, the use of an undercover female officer to obtain a confession exemplifies the crime control model's focus on efficient conviction.

Highlight: These case studies demonstrate that real-world criminal justice often involves elements of both models, with some cases leaning more towards crime control and others towards due process.

Crime Control vs Due Process Models

This page introduces Herbert Packer's two competing models of criminal justice: the crime control model and the due process model. These models represent different value systems operating within the criminal justice system.

Crime Control Model

The crime control model prioritizes efficient crime suppression and control to ensure public safety and order.

Key aspects include:

• Focus on swift and severe punishment
• "Assembly-line" approach to case processing
• Expanded police powers for investigation and arrest
• Presumption of guilt if charges are filed
• Conservative perspective on criminal justice

Highlight: The crime control model views the criminal justice system as an efficient "assembly line" to process cases quickly.

Example: Under this model, plea bargains are encouraged to resolve cases swiftly.

Due Process Model

The due process model emphasizes protecting individual rights and ensuring a fair legal process for all.

Key aspects include:

• Focus on establishing factual guilt through proper procedures
• "Obstacle course" approach with procedural safeguards
• Limited police powers to prevent oppression
• Presumption of innocence
• Liberal perspective on criminal justice

Highlight: The due process model views the criminal justice system as an "obstacle course" to ensure fairness and protect the innocent.

Definition: Due process refers to the legal requirement that the state must respect all legal rights owed to a person.