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LS101 – Sept.19.doc

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Legal Studies
LS 101
Frances Chapman

LS101 – Sept.19 21/10/2007 02:53:00 ← ← Herbert Packer, a sociologist, developed the crime control model and the due process model as a means to understand the justice system. (course notes) ← Herbert Packer Crime Control Model Due Process Model BASIC ASSUMPTION Crime threatens our Misuse of power liberty – only have threatens our liberty – freedom with social must restrict powers of order authority and gov’t FUNCTION OF CRIMINAL Maintain social order Monitor the police, so JUSTICE SYSTEM and repress crime they are accountable for all actions INDIVIDUAL RIGHTS Give up some liberty to Individual rights are the get protections (law highest priority = abiding anyway) e.g. Charter to counter terrorism/removing balance powers of shoes at airport government FAITH IN Police Lawyers OPERATING PRINCIPLE Laws should be enabling Presumption of to do the job innocence CONCERN FOR Victims and victim Offender and possibility rights of mistakes ENDS OR MEANS? Ends – protection of Means – did the police society however we and Crown establish need to get there case while respecting rights of accused? EFFICIENCY Assembly line justice Concern with the individual CHARACTERIZED AS Conservative, harsh and Liberal, individualistic, punitive fair ← ← CRITICISMS CRIME CONTROL MODEL DUE PROCESS MODEL 1) No control of police 1) Victims don’t see a resolution 2) Mistakes – innocent 2) Guilty could go free on a 3) No accountability of police technicality 4) Fewer rights for citizens 3) No faith in system 5) Increased discrimination of 4) Less deterrence, more crime minorities/powerless 5) Restrict activities because of fear 6) Tyranny of m
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