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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