Skip to content

Ask an Academic

  • Home
  • Ask a Question
  • Contact Us
Law and justice statue

The due process model, bureaucratic model, and power model of the criminal justice system

September 25, 2019 by AskanAcademic.com

A description and a definition of the due process model, bureaucratic model, and power model of the criminal justice system

Question

Definitions of the due process model, bureaucratic model, and power model of the criminal justice system.

Answer

Criminologists have recognised a number of models or in other words frameworks, that help categorise how the criminal justice system operates or should in theory operate (Einstadter and Henry, 2006). Some of these models are the due process model, the bureaucratic model and the power model.

The due process model requires elimination of errors and it prioritises quality controls even if this reduces the number of convictions (McFarquhar, 2011). Under the due process model (social function: justice), a court could be described to be configured in the following way:

• There is equality between the parties
• There are rules in place protecting defendants against errors
• Arbitrary power is restrained
• Innocence is presumed until established otherwise

The bureaucratic model adopts an approach of pragmatism that identifies that the rights of the defendant have to be respected but that they have limits, deterring defendants from excessively asserting such rights (McFarquhar, 2011). Under the bureaucratic model (social function: management of crime and criminals) the court can be described to be configured in the following way:
• There is an independence from political consideration
• There is speed and efficiency
• Records are accepted
• Conflict is minimised
• Expenses are minimised
• There is economical division of labour

The power model sees the state acting in the interests of the dominant elite classes/groups (McFarquhar, 2011). Under the power model (social function: maintenance of class domination) configuration of a court could be described to be in the following way:

• Class values are reinforced
• The defendant is alienated and supressed
• There is deflection from issues of class conflict
• There are differences between judges and judged
• There are contradictions between rhetoric and performance

Each of these frameworks has different priorities which are shaped by policy aims as specified by the social function above.

References

Werner J. Einstadter, Stuart Henry. (2006) Criminological Theory: An Analysis of Its Underlying Assumptions. Maryland: Rowman & Littlefield.

Helena McFarquhar. (2011). Key Concepts in Criminology and Criminal Justice. Basingstoke: Palgrave Macmillan.

Post navigation

Previous Post:

The necessity of conflict in business

Next Post:

In claims for psychiatric injury, what is the difference between primary and secondary victims?

Search Q&As

Categories

  • Art Media and Literature (74)
  • Business and Management (256)
  • Computing and ICT (14)
  • Construction and Engineering (35)
  • Education (90)
  • Environmental Sciences (2)
  • Finance and Economics (91)
  • Health (64)
  • Languages (12)
  • Law (88)
  • Mathematics and Statistics (2)
  • Medical Sciences (19)
  • Politics and International Relations (83)
  • Research Methodology (1)
  • Science (49)
  • Social Sciences (101)

Archives

Who We Are

Askanacademic.com is owned and operated by All Answers Ltd, a company registered in England and Wales. Company Registration No: 4964706. VAT Registration No: 842417633. Data Controller No: Z1821391.

Registered office:
Venture House
Cross Street
Arnold
Nottingham
NG5 7PJ

Main Navigation

  • Home
  • Ask a Question
  • Contact Us

Legals

  • Cookie Policy
  • Privacy Policy

Popular Categories

  • Business and Management
  • Law
  • Finance and Economics
  • Health
An an Academic Logo
© 2023 Ask an Academic | WordPress Theme by Superb Themes
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Reject
Read More
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT