LAWS 3306 Study Guide - Final Guide: Victimless Crime, Crown Attorney, Due Process

• School: Carleton University
• Department: Law
• Course: LAWS 3306
• Professor: Paolo Giancaterino

Document Summary

Herbert packer"s theory states that you can explain the criminal process using two separate principles: due process and crime control. An easy way to look at these two models is to visualize. Crime control: when someone is charged with a criminal offence, they enter into the criminal process. There will be reasonable probable grounds that this person has committed the offence. The other end of the process is the standard of guilt beyond reasonable doubt. The entry into the criminal justice system is referred to as factual guilt (reasonable probable grounds). This model focuses on shortening the process between factual and legal guilt. Due process model: the process of factual guilt and legal guilt is an obstacle course. There are a number of obstacles to prove someone"s legal guilt (police behaviour, fairness) Sees parliament as the validating authority in the criminal justice process not the courts. Believe crime control methods can actually control crime.