Throughout this assignment, it will take to foreground the similarities and differences between the theoretical accounts of the condemnable justness system, particularly looking at the ‘due procedure ‘ theoretical account and the ‘crime control ‘ theoretical account. These theoretical accounts consist of disputing offense and leting the right justness to be issued. Briefly, the ‘due procedure ‘ theoretical account was designed to do certain persons had their rights portrayed and that they had a just test to support themselves in tribunal. In contrast, the ‘crime control ‘ theoretical account was established to seek and guarantee that weak condemnable instances were dealt with rapidly and “ discarded at the earliest chance ” ( Packer, 1968 ) . This meant that larger and more of import instances would be dealt with taking to a strong belief and penalty every bit shortly as possible. Both theoretical accounts are important to the condemnable justness system and play a major function in placing offenses and construing the condemnable justness system. The condemnable justness system is a complicated system and is invariably altering due to new Torahs and consciousness of offenses. The system varies from state to state with the condemnable justness being different and holding many contrasts with the jurisprudence by which each state governs and establishes their authorization. In England and Wales, the condemnable justness system is made up of several bureaus including the constabulary, prisons and probation services. These bureaus are governed and funded by the authorities and have to maintain to the regulations and ordinances which the authorities issues. As these theoretical accounts are lone theories from criminologists, this assignment will look into how they could impact the condemnable justness system and what advantages or disadvantages they might do.
The condemnable justness system is a system which has been set up in response to offense and is made up of a series of bureaus which enforce the Torahs given by a authorities. In England and Wales, the condemnable justness system involves ; bureaus who enforce the jurisprudence ; the tribunals system ; the penal system ; and the offense bar strategy ( Malcolm, D ) . These are the brinies facets of the condemnable justness system which in general attempt to safeguard people within society and condemn and punishes those persons who commit offenses. The condemnable justness system has many purposes and aims which try to present justness in ways to protect the inexperienced person and punish and convict the guilty. The biggest purpose is to seek and convey offenses to justness and reassure the populace they are being protected from felons. They do this through orders of the tribunal, such as roll uping mulcts, and oversing community and tutelary penalty ( stated hypertext transfer protocol: //www.cjsonline.gov.uk/the_cjs/aims_and_objectives/ ) . Many criminologists would hold that the condemnable justness system within England and Wales has been effectual towards halting offense and heightening penalty to those who committed offense. This can be shown through the addition of assurance which the populace have identified by analyzing informations from the ‘National Criminal Justice Board ‘ ( available at hypertext transfer protocol: //lcjb.cjsonline.gov.uk/ncjb/perfStats/confidence_e.html ) which shows that there has been a 2 % addition from March 2008 to June 2009 in the degree of assurance among people in England and Wales. This indicates that the condemnable justness system is deriving assurance from the populace, nevertheless it is still a little proportion of people that have assurance, an estimated 39 % in June 2009 ( National Criminal Justice Board ) , had assurance that the condemnable justness was effectual and dependable.
As mentioned above, the due procedure theoretical account is the apprehension that a individual who has come into contact with one of the condemnable bureaus can non hold their rights rejected without appropriate legal steps. Therefore any person who is being or has been charged with a offense, they have several rights in which the felon bureaus have to continue as the person is protected under homo rights which could be said to co-inside and relate to the due procedure theoretical account. Packer ( 1968 ) describes the due procedure theoretical account as holding less religion in the condemnable bureaus, such as the constabulary, and believes that among few condemnable instances errors can go on and to boot, there is a opportunity of bureaus moving corruptedly or venally. For that ground, this is why Packer believes this theoretical account is utile as it limits the coercive powers of the condemnable bureaus and if there is an happening of any error or corruptness, an person has the right to support them self. Therefore, the chief purpose of the due procedure theoretical account is to set up a system that an person is guiltless until proved guilty in tribunal ( Packer, 1968 ) .
Besides mentioned supra is the offense control theoretical account which is a theoretical account that Packer ( 1968 ) describes as the portion of the condemnable justness system which condemns persons for making an action which is seen as condemnable. Packer describes this theoretical account as prioritizing in the strong beliefs of persons who have committed a condemnable act and non waiting for the tribunals to make up one’s mind. In his theory, Packer believes that this theoretical account is concentrated on the strong belief and would put on the line the strong belief of guiltless people to accomplish its end. The offense control theoretical account can hence be said to be the strategy set to penalize people and do a difference towards society in cut downing offense and demoing the populace that by these apprehensions and strong beliefs, it may demo the condemnable justness system being effectual and good to society.
As a consequence of these two theoretical accounts, which have been analysed and identified, it is possible to associate each theoretical account together and highlight the similarities and difference which may be involved with each theoretical account. First, a comparing that can be made about these theoretical accounts is that they are both indispensable in undertaking offense and seeking to cut down offense. Both theoretical accounts try to undertake offense and penalize the people who have committed a aberrant act. However, both theoretical accounts do this in different ways and how they approach a individual who has committed a condemnable act is contrasting. For illustration, the offense control theoretical account would state a individual is guilty until proved guiltless by the tribunals, whereas the due procedure theoretical account would state that an person is guiltless until proved guilty. Furthermore, there have been several more differences that have been identified compared to similarities which would propose each theoretical account has taken a different attack in undertaking offense. A difference which can be noticed is that the due procedure theoretical account believes that patroling is the most effectual manner to undertake offense and it is indispensable in keeping justness amongst society. However the offense control theoretical account believes that patroling has a negative consequence on society and more should be done to convict those who have committed offenses and cut down condemnable activity.
Throughout this assignment, there have been two theoretical accounts which have been identified and analysed through the theories of Packer ( 1968 ) . However, there are other theoreticians, such as Michael King ( 1981 ) , who have studied the condemnable justness system and would reason that there were several more theoretical accounts which could do the condemnable justness system effectual. King ( 1981 ) has analysed the condemnable system and has published a theory of six theoretical accounts which correspond to Packer ‘s theory but King has elaborated on it and argued that Packer ‘s work is excessively simplistic. King ‘s six theoretical accounts consist of ; due procedure theoretical account ; offense control theoretical account ; medical theoretical account ; bureaucratic theoretical account ; position transition theoretical account ; power theoretical account. Even though King agrees with Packer, he argues that these six theoretical accounts are indispensable to the effectivity of the condemnable justness system. King ‘s 3rd theoretical account, which Packer does non include in his theory, is about rehabilitation which highlights that some felons need intervention for their actions and necessitate to be evaluated and treated in the right mode to cut down them from carry oning farther condemnable activities. This theoretical account is indispensable in placing and cut downing offense as it tackles the issues why felons commit offense and how they should be punished depending on the mental ability. Therefore with this illustration, it shows that Packer ‘s theory may miss deepness and could be said to be excessively bard and narrow minded which could miss creditability if put into topographic point. However, King ‘s theoretical accounts do make some unfavorable judgments as it may do farther force per unit area on the condemnable justness system to implement regulations and processs. Overall King ‘s drawn-out theoretical accounts have highlighted that there are issues with Packer ‘s work and the theoretical accounts for the condemnable justness system should be enlarged and taken into greater consideration. However, as these are merely theoretical accounts and have non been put into topographic point, it can non be said to be more effectual than Packer ‘s theory as neither of them have been placed into action.
In decision to this assignment, there have been several issues raised with the due procedure and offense control theoretical accounts and how these theoretical accounts could impact the purposes of the condemnable justness system. As stated above, the due procedure could be said to be indispensable to the condemnable justness system as many criminologists, such as Packer ( 1968 ) and King ( 1981 ) , agree with the thought that people should hold their rights portrayed and given an equal opportunity to support themselves through the tribunals and justness system.
