Posted at 10.09.2018
Throughout this project, it will try to identify the similarities and distinctions between the types of the unlawful justice system, especially looking at the 'anticipated process' model and the 'crime control' model. These models consist of challenging crime and allowing the right justice to be issued. Quickly, the 'due process' model was designed to ensure individuals acquired their protection under the law portrayed and that they had a good trial to defend themselves in courtroom. On the other hand, the 'offense control' model was proven to try and ensure that weak criminal situations were dealt with quickly and "discarded at the earliest opportunity" (Packer, 1968). This intended that larger and more important instances would be dealt with resulting in a conviction and consequence at the earliest opportunity. Both models are significant to the criminal justice system and play a major role in determining crimes and interpreting the legal justice system. The criminal justice system is a complicated system and is continually changing credited to new laws and regulations and knowing of crimes. The machine ranges from country to country with the legal justice being different and having many contrasts with the law by which each country governs and establishes their expert. In Great britain and Wales, the legal justice system comprises of several agencies including the police force, prisons and probation services. These agencies are governed and funded by the federal government and have to keep to the guidelines and regulations that your federal government issues. As these models are only ideas from criminologists, this task will look into the way they could have an impact on the legal justice system and what advantages or negatives they might cause.
The unlawful justice system is a system which includes been create in response to criminal offenses and is made up of a series of agencies which enforce the laws and regulations given by a federal government. In Britain and Wales, the legal justice system includes; firms who enforce regulations; the courts system; the penal system; and the criminal offenses prevention structure (Malcolm, D). They are the mains areas of the unlawful justice system which on the whole try to guard people within modern culture and condemn and punishes those those who commit crimes. The unlawful justice system has many goals and goals which try to deliver justice with techniques to protect the innocent and punish and convict the guilty. The largest aim is to bring offences to justice and reassure the general public they may be being covered from criminals. They do this through requests of the courtroom, such as collecting fines, and supervising community and custodial abuse (stated http://www. cjsonline. gov. uk/the_cjs/aims_and_objectives/). Many criminologists would concur that the criminal justice system within England and Wales has been effective towards halting crime and boosting punishment to the people who committed crime. This is shown through the increase of self confidence which the general public have identified by learning data from the 'National Criminal Justice Board' (offered by http://lcjb. cjsonline. gov. uk/ncjb/perfStats/confidence_e. html) which shows that there's been a 2% increase from March 2008 to June 2009 in the level of self confidence among people in Britain and Wales. This indicates that the unlawful justice system is gaining confidence from the public, however it continues to be a small proportion of people that contain confidence, an estimated 39% in June 2009 (National Criminal Justice Mother board), had confidence that the unlawful justice was effective and reliable.
As mentioned above, the credited process model is the knowing that a person who has touch one of the legal organizations cannot have their protection under the law turned down without appropriate legal procedures. Therefore anybody who is being or has been charged with a offense, they may have several rights in which the criminal companies have to uphold as the average person is guarded under human rights that could be thought to co-inside and relate with the anticipated process model. Packer (1968) represents the scheduled process model as having less trust in the unlawful agencies, including the police, and believes that among few unlawful cases mistakes can happen and additionally, there is a chance of organizations operating corruptly or dishonestly. Because of this, this is excatly why Packer is convinced this model pays to as it limits the coercive powers of the unlawful agencies and if there is an event of any miscalculation or corruption, an individual has the to defend them self. Therefore, the key goal of the scheduled process model is to establish a system that an specific is innocent until proven guilty in court (Packer, 1968).
Also mentioned previously is the criminal offense control model which is a model that Packer (1968) describes as the part of the unlawful justice system which condemns individuals for doing an action which sometimes appears as criminal. Packer describes this model as prioritizing in the convictions of people who have committed a criminal action and not waiting for the courts to decide. In his theory, Packer feels that this model is targeted on the conviction and would associated risk the conviction of innocent people to achieve its goal. The criminal offense control model can therefore be said to be the scheme establish to punish people and make a difference towards world in reducing crime and showing the general public that by these arrests and convictions, it may show the criminal justice system being effective and good for society.
As due to both of these models, which have been analysed and determined, you'll be able to web page link each model collectively and highlight the similarities and difference which might be involved with each model. Firstly, a comparison that may be made about these models is that they are both essential in tackling criminal offenses and trying to reduce criminal offenses. Both models try to tackle criminal offenses and punish the people who have committed a deviant function. However, both models do that in different ways and exactly how they approach someone who has committed a criminal work is contrasting. For example, the offense control model would say one is guilty until proven innocent by the courts, whereas the anticipated process model would say that an specific is innocent until proven guilty. Furthermore, there were several more variations which have been identified compared to similarities which indicate each model has considered a different approach in tackling offense. A difference that can be noticed would be that the anticipated process model feels that policing is the most effective way to tackle criminal offense and it is essential in keeping justice amongst modern culture. However the criminal offenses control model believes that policing has a negative effect on world plus more should be done to convict those who have committed offences and reduce criminal activity.
Throughout this assignment, there were two models which were identified and analysed through the ideas of Packer (1968). However, there are other theorists, such as Michael King (1981), who've studied the unlawful justice system and would argue that there have been several more models which could make the legal justice system effective. Ruler (1981) has analysed the criminal system and has printed a theory of six models which match Packer's theory but King has elaborated onto it and argued that Packer's work is too simplistic. King's six models consist of; scheduled process model; crime control model; medical model; bureaucratic model; status passage model; vitality model. Despite the fact that King agrees with Packer, he argues that these six models are essential to the effectiveness of the criminal justice system. King's third model, which Packer does not include in his theory, is about rehabilitation which shows that some criminals need treatment for his or her actions and need to be evaluated and treated the right way to lessen them from conducting further unlawful activities. This model is vital in discovering and reducing offense as it tackles the issues why criminals commit offense and how they should be punished with respect to the mental potential. Therefore with this example, it shows that Packer's theory may lack depth and may be reported to be too bard and thin minded that could lack creditability if put into place. However, King's models do create some criticisms as it may cause further pressure on the unlawful justice system to put into action rules and steps. Overall King's extended models have outlined that we now have issues with Packer's work and the models for the legal justice system should be enlarged and used into greater concern. However, as they are only models and also have not been placed into place, it cannot be said to be more effective than Packer's theory as neither of these have been positioned into action.
In conclusion to this assignment, there were several issues brought up with the scheduled process and criminal offenses control models and exactly how these models could influence the seeks of the unlawful justice system. As stated above, the anticipated process could be reported to be necessary to the unlawful justice system as many criminologists, such as Packer (1968) and Ruler (1981), buy into the idea that people must have their privileges portrayed and given the same chance to guard themselves through the courts and justice system.