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crime control, what is it?

340300_6 — 2025-01-20 14:12:39 UTC

it is a way to reduce and effectively control the amount of crime that occurs to ensure that society is safer for individuals. This is done by having high levels of policing, law enforcement and strict punishment for criminals within the legal system.

Herbert Packer

340300_6 — 2025-01-20 14:16:34 UTC

Herbert was a law profferer in Stanford University. in 1968, he formed the creation of two models within the legal system and named them 'the crime control model' and the 'due process model'. Both of these related to the legal system but shoed the opposite opinions and values on issues within the system.

2 models

340300_6 — 2025-01-20 14:18:38 UTC

the two models created were labeled as the crime control model and the due process model. Both showed the opposite views which different people agree with.

what is due process

340300_6 — 2025-01-20 14:23:43 UTC

this is the opposite to what the crime control model believe. this looks more at the phrase 'innocent until proven guilty'. It ensures that all people have a fair trail and are granted a set of rights which are known as suspects and defendants rights to know if their case if being treated and handled fairly by the personnel in charge. This model gives the impression that they have less faith in the legal system to conduct trails fairly or protect those accused.

crime control model theories

340300_6 — 2025-01-20 14:39:30 UTC

Right realism: this is the more right wing approach to criminality. it looks more at the police having more more power to enforce the law within society to criminals so they do not have the benefit of the doubt and are punished harshly.

Functionalism: this is to create a stronger grip on boundaries within society to ensure that no crime is let without a punishment. It is also put in place to ensure that no one else thinks about committing the same crime as there is a harsh punishment and prevent it becoming a societal norm. The main aim of functionalism is to ensure that the public maintain social order and no crime is committed.

due process theories

340300_6 — 2025-01-20 14:52:33 UTC

Labelling theory: Creates a steryotype placed on certain individuals which may not be how they actually are. However, if they are categorised into that group of certain people they may begin behaving like them which is also known as self fulfilling prophecy. The police can also act illegally if they believe in the labelling theory as they may believe that a person has committed a crime and begin harassing them, just to secure a conviction and make society safe.

Left realism: is the left wing approach to criminality and is more lenient. It looks at the root cause of crime and why crime is committed which gives offenders more benefit of the doubt. This makes it easier to enable society to change is police and the legal system understand why crimes have been committed, which ultimately makes society more fair. This does depend on the operation of people within society, which may be challenging for the police. this is due to the lack of trust that police have with those living in poor and run down neighbourhoods. This is due to there being a larger police presence and them not working as fairly with the people who live there.

Colin Stagg's case

340300_6 — 2025-01-20 15:02:33 UTC

he was accused of killing Rachel Nickell in 1992. The police were fixated on securing a conviction as there was a large media presence surrounding the case. However, there was no evidence that would be plausible in court to convict Colin of the crime. There was an operation launched which was called "operation Evolution' which was a group of police officers befriending Colin on line under the name of Julie. This was under hopes that he would confess to the murder, which he in fact did not but engaged in messages discussing violent fantasies that he had. This case showed how presuming that a person is guilty can gain police to fixate on convicting that person which can led to a miscarriage of justice, which is what happened within this case. The police had no secure evidence to convict Colin so set up a ploy to entrap him into confessing, which he did not do. This case shows how not giving people the benefit of the doubt within cases can lead to a miscarriage of justice and lead to innocent people being put behind bars.

Sion Jenkins

340300_6 — 2025-01-20 15:29:50 UTC

Sion Jenkins was the foster farther of a 13 year old girl named Billie-Jo who was killed at the age of 13 in her home. His aliby was that he was painting the fence at the time of the murder so did not see who had done it. There was a lack of evidence linking Sion to the murders hoover, there was blood found on his clothing that was said to be "planted on there" to ensure there was a conviction, which saw him be sentence to life in prison. The rights of an offender were correctly followed within this case as Sion had the right to an appeal for the sentence that he was given resulting in the case going to the court of appeal where they sent it for a re-trial. Within this re-trial it was discovered that there was a lack of evidence to secure the conviction which saw Sion be cleared of all charges regarding the death of Billie-Jo.

areas of the law that support the crime control model

340300_6 — 2025-01-20 15:34:47 UTC

Bad Character evidence: which means that not all character witnesses are for the defence and can be used by prosecution to let people understand what their behaviour is normally like to people.

Double Jeopardy: this was removed to ensure that trials can be re-trailed if new evidence comes to light within murder, rape and other serious offence cases.

Pre-charge detention time: this was extended to a longer period of time of 14 days for people who are suspected of creating terrorism related crimes.

areas of the law that support the due process model

340300_6 — 2025-01-20 15:39:26 UTC

Police and Criminal Evidence Act (PACE): was established to create police procedural safeguards to ensure police do not abuse their power.

Right to legal representation: to ensure even if a person can not afford legal aid they can still be granted it

interviews must be recorded

Human rights act 1998: makes it mandatory for all legal or criminal justice related practises to be evaluated and looked at by the perspective of human rights to ensure everyone is treated fairly.