Criminology : AC1.3 : Describe Methods of Criminal Justice

Due Process

- Based on the doctrine of legal guilt and the presumption of innocence

- One of Packers 2 models of the Criminal Justice process

- Embodies traditional politically liberal values

- The principal goal of criminal justice is at least as much to protect the innocent as it is to convict the guilty

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Crime Control

- One of Packards 2 models of the Criminal Justice process

- Reflects traditional politically conservative values

- The control of crime behaviour is the most important function of criminal justice

- The key to the crime control method is "a presumption of guilt" - if a person has been arrested and charged, they must be guilty

- Crime control advocates prefer plea bargaining to jury trials, which slow down the process

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Crime Control vs Due Process

- It depends on the political climate as to which of the models dominates criminal justice policy in the U.S.

- Neither model is likely to completely control criminal justice

- It is likely that whichever model dominates, most conflicts will be handled differently through alternative dispuite programs

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