Michael King (1981)

Página 1

Michael King (1981)

- In 1981 he outlined SIX Models

- First TWO models are further developments of Herbert Packers' (1968) models of Due Process and Crime Control

- His FOUR other models are; Rehabilitation, Bureaucratic Efficiency, Denunciation and Degradation and Power

Due Process

Represents idealised version of how system should work derived from the ideas inherent in the rule of law

Encompasses principles of the defendant's rights to fair trial, equality before the law, presumption of innocence and that justice should be seen to be done

Protects defendants in order that the innocent may be acquitted and only the guilty convicted

Crime Control

Stresses the role of the system in reducing, preventing and curbing crime by prosecuting and punishing those who are guilty of offences

Earlier explored by Jerome Skolnick in his book 'Justice Without Trial' (1966)

Stresses importance of protecting citizens and serving the public by crime reduction

Rehabilitation

Needs of the offender are considered

Makes little sense to punish such offenders without at the same time attempting to make sense of their underlying issues

Social workers and probation officers become involved at the sentencing stage by preparing pre-sentencing reports of circumstances and offering sentencing options

Police have power to refer offenders to social work agencies which may help them, if criminality of offender can be reduced by a rehabilitative approach

Bureaucratic Efficiency

Agencies must ensure defendants are tried and sentenced as efficiently as possible

Cost-effectiveness of law enforcement and court administration has become a major concern of the government since the 1990s

Reflects pressure on criminal justice officials to implement rules and procedures with the constraints by limited pressure to solve crimes

BALANCING INTEREST OF DUE PROCESS, CRIME CONTROL AND BUREAUCRATIC EFFICIENCY IS NOT ALWAYS EASY. DIFFICULT TO SUBJECT ABSTRACT PRINCIPLES SUCH AS JUSTICE TO TEST COST-EFFECTIVENESS

Denunciation and Degradation

Argued that offenders should be publicly tried and sentences to reflect the community's moral disapproval of offending behaviour

John Braithwaite (1989) argues in favour of re-intergrative shaming - offenders should feel ashamed of their offences to a point where they cannot re-intergrated into the community

Power Model

Exploring repressive nature of criminal justice system raises questions about who makes the law and whose interests are served by the criminal justice system

some argue that the criminal justice system essentially reinforces the role of the powerful: those who make the laws AND those who are served by many agencies of the system