Criminal Justice Lecture 3
Models of Criminal Justice
(developed in a piecemeal fashion and is highly politicised)
CLASSICAL CRIMINOLOGY POSITIVIST CRIMINOLOGY
AIM- Criminal Justice reform AIM- scientific study of the criminal
Humans are free-willed, rational Humans as biologically or
and responsible for their actions psychologically determined
Focused on penalties to deter, Focused on the individual
celerity of punishment, condition of the criminal, fitting
determinate sentences punishment to the individual
Reform of CJS would deter (Indeterminate sentence)
offenders (and the wider public) Rehabilitation of the criminal
from committing crime) would reduce crime
Criminal Justice Today
- Elements of a classical thought- the presumption of free-will/ rationality (we are all
responsible for our actions)
- BUT modern Justice systems also allow for behaviour that is determined
(issues relating to mental health, disability etc.)
- Mitigating circumstances
- Self defence
Models of Criminal Justice
1. Crime Control (packer)
2. Due process (Packer)
3. Actuarial Justice
4. Rehabilitation
5. Managerialism
, Justice View 1- CRIME CONTROL
‘The value system that underlies the Crime Control Model is based on the proposition that the
repression of criminal conduct is by far the most important function to be performed by the criminal
process. The failure of law enforcement to bring criminal conduct under tight control is viewed as
leading to the breakdown of public order and thence to the disappearance of an important condition
of human freedom. […] The claim ultimately is that the criminal process is a positive guarantor of
social freedom. In order to achieve this high purpose, the Crime Control Model requires that primary
attention be paid to the efficiency with which the criminal process operates to screen suspects,
determine guilt, and secure appropriate dispositions of persons convicted of crime’.
(Packer, 1969: 158)
The repression of crime should be the most important function of criminal justice because
order is a necessary condition for a free society
Criminal Justice should concentrate on vindicating victims’ rights rather than protecting the
defendants’ rights
Police powers should be expanded to make it easier to investigate, arrest, search, seize and
convict
Legal technicalities that restrict the police should be eliminated
The criminal justice process should operate like an assembly line, conveyor belt, moving
cases along toward disposition
If the police make an arrest and a prosecutor files criminal charges, the accused should be
presumed guilty because the fact-finding of the police and prosecutors is highly reliable
The main objective of criminal Justice process should be to discover the truth or to establish
the factual guilt of the accused
Models of Criminal Justice
(developed in a piecemeal fashion and is highly politicised)
CLASSICAL CRIMINOLOGY POSITIVIST CRIMINOLOGY
AIM- Criminal Justice reform AIM- scientific study of the criminal
Humans are free-willed, rational Humans as biologically or
and responsible for their actions psychologically determined
Focused on penalties to deter, Focused on the individual
celerity of punishment, condition of the criminal, fitting
determinate sentences punishment to the individual
Reform of CJS would deter (Indeterminate sentence)
offenders (and the wider public) Rehabilitation of the criminal
from committing crime) would reduce crime
Criminal Justice Today
- Elements of a classical thought- the presumption of free-will/ rationality (we are all
responsible for our actions)
- BUT modern Justice systems also allow for behaviour that is determined
(issues relating to mental health, disability etc.)
- Mitigating circumstances
- Self defence
Models of Criminal Justice
1. Crime Control (packer)
2. Due process (Packer)
3. Actuarial Justice
4. Rehabilitation
5. Managerialism
, Justice View 1- CRIME CONTROL
‘The value system that underlies the Crime Control Model is based on the proposition that the
repression of criminal conduct is by far the most important function to be performed by the criminal
process. The failure of law enforcement to bring criminal conduct under tight control is viewed as
leading to the breakdown of public order and thence to the disappearance of an important condition
of human freedom. […] The claim ultimately is that the criminal process is a positive guarantor of
social freedom. In order to achieve this high purpose, the Crime Control Model requires that primary
attention be paid to the efficiency with which the criminal process operates to screen suspects,
determine guilt, and secure appropriate dispositions of persons convicted of crime’.
(Packer, 1969: 158)
The repression of crime should be the most important function of criminal justice because
order is a necessary condition for a free society
Criminal Justice should concentrate on vindicating victims’ rights rather than protecting the
defendants’ rights
Police powers should be expanded to make it easier to investigate, arrest, search, seize and
convict
Legal technicalities that restrict the police should be eliminated
The criminal justice process should operate like an assembly line, conveyor belt, moving
cases along toward disposition
If the police make an arrest and a prosecutor files criminal charges, the accused should be
presumed guilty because the fact-finding of the police and prosecutors is highly reliable
The main objective of criminal Justice process should be to discover the truth or to establish
the factual guilt of the accused
