WEEK 3: MODELS OF CRIMINAL JUSTICE
• Adversarial and Inquisitorial Systems
• Due Process versus Crime Control
• Extension of the two model ideal
types to consider other broad
aims/approaches to criminal justice
• How might models lead to different
strategies to criminal justice
policy?
, SYSTEMS OF CRIMINAL JUSTICE
ADVERSARIAL INQUISITORIAL
• A contest between the accused and • Search for an understanding of wh
accuser. Is there enough evidence to happened in a particular incident.
establish guilt beyond reasonable the truth or facts of the case be
doubt? established?
• Ideal ‘type’ is the Crown Court (i.e. • Not used in criminal cases in Engla
what we may imagine or see in TV & Wales, preserved for public
dramas), but mostly takes place in inquiries and inquests (for example
Magistrate or Youth Courts in England
& Wales.
, ADVERSARIAL VS INQUISITORIAL
ADVERSARIAL INQUISITORIAL
• The judge remains impartial, • The judge/chair/coroner etc. may b
facilitating the advancement of both partial to one party or parties,
party’s cases. depending on their reading of the
• Police and investigation are not case.
searching for the truth per se, but • In the French system, judges receiv
whether the contest can be won to prepared dossier of evidence ahea
prove the case. Meaning tactics to the trial, so decide how the trial w
advance that are more likely proceed. They make decisions on
(suppression of evidence, aggressive which witnesses to call and can cro
cross-examination etc.) examine witnesses for example.
, SAFEGUARDS AGAINST POWER
ADVERSARIAL INQUISITORIAL
• In England & Wales, the adversarial • As the aim is to find the truth, the
systems is a contest between the process is considered to be more
state and citizen. neutral, therefore less concerns ab
• As this is an unequal contest, the state abusing their power.
safeguards are put in place to protect
the accused. • Suspects may be held for much lon
periods in inquisitorial systems
• Includes: processes for evidence therefore.
collection, limits on police powers to
detain and question suspects, what
can (and cannot) be presented in
court.
, PACKER’S (1968)
TWO MODELS OF CRIMINAL JUSTICE
Herbert Packer (1968) developed an
analysis of criminal justice, where he
distinguishes between two ideal-typical
models:
• Crime Control
• Reflects politically ‘conservative’ values
• CJ exists to repress criminal behaviour
• Due Process
• Reflects politically ‘liberal’ views
• CJ exists to protect the innocent as well
as convict the guilty
• Adversarial and Inquisitorial Systems
• Due Process versus Crime Control
• Extension of the two model ideal
types to consider other broad
aims/approaches to criminal justice
• How might models lead to different
strategies to criminal justice
policy?
, SYSTEMS OF CRIMINAL JUSTICE
ADVERSARIAL INQUISITORIAL
• A contest between the accused and • Search for an understanding of wh
accuser. Is there enough evidence to happened in a particular incident.
establish guilt beyond reasonable the truth or facts of the case be
doubt? established?
• Ideal ‘type’ is the Crown Court (i.e. • Not used in criminal cases in Engla
what we may imagine or see in TV & Wales, preserved for public
dramas), but mostly takes place in inquiries and inquests (for example
Magistrate or Youth Courts in England
& Wales.
, ADVERSARIAL VS INQUISITORIAL
ADVERSARIAL INQUISITORIAL
• The judge remains impartial, • The judge/chair/coroner etc. may b
facilitating the advancement of both partial to one party or parties,
party’s cases. depending on their reading of the
• Police and investigation are not case.
searching for the truth per se, but • In the French system, judges receiv
whether the contest can be won to prepared dossier of evidence ahea
prove the case. Meaning tactics to the trial, so decide how the trial w
advance that are more likely proceed. They make decisions on
(suppression of evidence, aggressive which witnesses to call and can cro
cross-examination etc.) examine witnesses for example.
, SAFEGUARDS AGAINST POWER
ADVERSARIAL INQUISITORIAL
• In England & Wales, the adversarial • As the aim is to find the truth, the
systems is a contest between the process is considered to be more
state and citizen. neutral, therefore less concerns ab
• As this is an unequal contest, the state abusing their power.
safeguards are put in place to protect
the accused. • Suspects may be held for much lon
periods in inquisitorial systems
• Includes: processes for evidence therefore.
collection, limits on police powers to
detain and question suspects, what
can (and cannot) be presented in
court.
, PACKER’S (1968)
TWO MODELS OF CRIMINAL JUSTICE
Herbert Packer (1968) developed an
analysis of criminal justice, where he
distinguishes between two ideal-typical
models:
• Crime Control
• Reflects politically ‘conservative’ values
• CJ exists to repress criminal behaviour
• Due Process
• Reflects politically ‘liberal’ views
• CJ exists to protect the innocent as well
as convict the guilty
