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There are two models of criminal justice which had been constructed by Herbert Packer in 1968. This consisted of crime control and due process which represent two contrasting sets of values that model and shape the way the criminal justice system works.

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The crime control model primarily focuses on having an efficient system with the most significant function to be able to suppress and control crime which will allow society to be safer with public order. The model aims to deter and prevent the offender from committing further crime as it prioritises catching and convicting the offender.

The model is introduced by the presumption of guilt. It allows the police force to have the ability to identify those most likely to be guilty through their investigation and interrogations. The model also believes that the police should have the ability to be free from unnecessary legal technicality that will cause prevention during their investigation. Once the police force are able to identify those 'probably guilty', the model will favour an assembly line justice system that will be involved in the prosecution, conviction and correct sentencing for the offender. However, the model does consider of the few innocent people that would have been wrongfully convicted causing a miscarriage of justice and they consider the price worth paying for convicting a large amount of guilty people. The model does not address the causes of crime nor that the crime can be deterred through detection and conviction.

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The crime control model has links to different theories of crimes.

One theory is Right realism. The model is a right-wing conservative approach to the criminal justice system and the model has a lot in common with the right realist theories of crime. Examples of this include zero tolerances policing strategies. The model favours in providing the police with greater powers in order to investigate and supress crime.

Another theory to support the model is Functionalism. The crime control model interlinks with Durkheim's functionalist theory which believes that punishment reinforces society's moral boundaries. The main function of justice it to be able to punish those guilty and enables society to express its moral outrage and further strengthen social cohesion.

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Areas of Law supporting the crime control model

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Areas of Law supporting the crime control model

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In the legal system, some rules are in favour of the crime control model which will secure convictions and allows the introduction of 'bad character' evidence and any information from previous convictions that the court can take into consideration when concluding a verdict.

The model also supports the removal of the 'double jeopardy' rule when facing severe cases such as homicide which was seen in the campaign created by Ann Ming whom successfully managed to abolish the Double Jeopardy rule which allowed her daughter Julie Hogg's murderer, Dunlop, to finally ben convicted. And the model allows the extension of pre-charge detention time of offences of terrorism.

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Case studies of the use of crime control model

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Case studies of the use of crime control model

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There have been several cases where the involvement of the model has been truly beneficial when in investigation. Examples of this are Colin Stagg and Barry George.

The focus in these cases were to secure a conviction at any cost because the victim's murder provoked strong public reaction and a demand for the case to be solved as quickly as possible. For instance, Colin Stagg. The police felt sure that he was guilty and went to all lengths to secure his conviction for example, the use of undercover surveillance with the honey-trap. In the terms of Barry George, they used the 'bad character' evidence such as him being known to stalk women and had images of himself holding a gun in his home. However, both won their right to appeal which support the due process model. Both their convictions were quashed.

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The second model introduced by Herbert Packer is the due process model. This model is different to the crime control model as it takes the opposite approach. It is a model that starts from a presumption of innocence. 'Innocent until proven guilty' and its main aim is to protect the guilty to the same extent as the innocent. (more so the human rights of the accused). The models power of the state is the greatest threat to the individual's freedom and so the end result of the model is to protect those accused from oppression by the state and its agents which includes the police, prosecution team and judges. The model has less faith in the police's ability to conduct satisfactory investigations and incompetence and dishonesty which means that the suspects and defendants’ rights need to be safeguarded by a set of due process rules that all investigations and trials must follow. This will include rules about the arrest, the questioning, legal representation, admissibility, and the disclosure of evidence as well as cross examination of witnesses and no other trials must be commenced. The justice system must ensure the safeguarding of all rights of an individual to provide against a wrongful conviction. Rather than a conveyor belt carrying the accused swiftly to punishment, the rules and regulations as well as the procedure protecting their rights form a necessary obstacle course that all prosecutors have to overcome before they can secure a conviction, this can lead to the guilty sometimes being able to be free on a technicality for instance where the prosecution have relied on evidence that has been illegally obtained. However, the due process model argues that this is a lesser evil than convicting the innocent and also emphasises the rights of the accused individual rather than those of the victim or society.

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The acknowledgement of the need for police procedural safeguards by the introduction of the Police and Criminal Evidence Act (PACE) 1984.

All interviews will now be recorded and all suspects have the right to legal representation.

The Human Rights Act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights perspective.

The acknowledgement of the need for police procedural safeguards by the introduction of the Police and Criminal Evidence Act (PACE) 1984.

All intervie

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This model has been linked to different theories in crime.

One theory is the Labelling theory. The due process model uses a liberal approach. The main aim is to stop state agencies like the police from oppressing people especially those innocent. This model links to this theory as the police may be tempted to act illegally in order to obtain evidence which can result in people being harassed as they would have been labelled as 'typical criminals'. The model offers some protection against this because it requires the police to follow lawful procedures and not exceed their powers.

Another theory is Left realism. The theory argues that the oppressive ‘militaristic policing’ of poor areas can trigger confrontations and make residents unwilling to assist with the police. In the left realist view, the police must follow due process by acting in a lawful and non-discriminatory way if they truly want to fight crime effectively as this involves and depends on the cooperation of the community.

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Cases investigated using the due process model

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Cases investigated using the due process model

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There have been several cases of the defendant being given their statutory legal rights. One example of this is the case of James Bulger and his murderers Thompson under Venables. During the trial, the Home Secretary took into account public petitions demanding the murderer be imprisoned for life which would have made their trial unfair. He refused to take account of their progress and development during detention. The model was used in this case to ensure that a fair trial had occurred by following the European Convention on Human Rights.