Two Models of Criminal Justice: Crime Control and Due Process
Herbert Packer, a renowned criminologist, defined two contrasting models of criminal justice in 1968: the crime control model and the due process model. These models represent different approaches to handling criminal cases and balancing societal protection with individual rights.
Definition: The crime control model prioritizes catching and punishing offenders, focusing on preventing further crime and protecting society.
Key features of the crime control model include:
- Emphasis on victims' rights
- Removal of bureaucratic obstacles for police
- Swift action in apprehending suspects
- Belief that occasional wrongful convictions are acceptable for overall efficiency
Example: The crime control model can be likened to an efficient conveyor belt, processing suspects quickly through the justice system.
Definition: The due process model focuses on the rights of the defendant, emphasizing the presumption of innocence and ensuring fair verdicts.
Characteristics of the due process model include:
- Setting up procedural safeguards for defendants
- Treating suspects as innocent until proven guilty
- Creating an "obstacle course" for police and courts to secure convictions
- Prioritizing fair trials over swift processing
Highlight: The due process model may result in some guilty individuals being freed due to lack of evidence, while the crime control model risks wrongful convictions in pursuit of efficiency.
Example: Two famous criminal case studies illustrate the application and consequences of these models:
-
Barry George case:
- Crime control aspect: Police pursued George based on his profile fit and a single piece of evidence (gunshot residue), leading to imprisonment.
- Due process aspect: The original decision was later challenged, resulting in a more thorough police investigation.
-
Maxwell Confait case:
- Crime control aspect: Police quickly targeted three boys as suspects and pressured them into signing confessions.
- Due process aspect: This case led to the introduction of PACE (Police and Criminal Evidence Act), requiring recorded interviews to protect suspects' rights.
Vocabulary: PACE (Police and Criminal Evidence Act) - A UK law introduced to regulate police powers and protect the rights of suspects in custody.
These famous case studies in Criminology demonstrate how the balance between crime control and due process can significantly impact the outcomes of criminal investigations and the evolution of legal safeguards.
