Due Process Model

The due process model in criminology emphasizes protecting the rights of the accused and ensuring fair treatment throughout the criminal justice process. This approach aims to achieve correct and justified verdicts while safeguarding individuals from potential abuses of authority.

Key features of the due process model include:

• Treating the accused as innocent until proven guilty
• Creating "obstacles" for police, judges, and lawyers to ensure thorough investigations
• Allowing appeals and challenges to decisions
• Accepting that some guilty individuals may go free to protect innocent people from wrongful conviction

Definition: The due process model views the criminal justice system as an "obstacle course" designed to protect individual rights and prevent wrongful convictions.

Example: The Barry George/Jill Dando case demonstrates aspects of due process, including thorough police investigation and the ability to appeal decisions.

Highlight: The due process model prioritizes protecting innocent individuals from wrongful conviction, even if it means some guilty people may avoid punishment.

Case studies illustrating the impact of the due process model:

1. Maxwell Confait murder: Led to changes in law, including the Police and Criminal Evidence Act (PACE), which requires police to record interviews.
2. Colin Stagg: Judge threw out the case due to improperly obtained evidence, protecting the rights of the accused.

Vocabulary: The Innocence Project is an organization that works to exonerate wrongfully convicted individuals through DNA testing and reforms to prevent future injustice.

While the due process model may result in some guilty individuals being freed on technicalities, proponents argue this is a necessary safeguard to protect innocent people from wrongful conviction.