NCJ Number
181263
Journal
British Journal of Criminology Volume: 38 Issue: 4 Dated: Autumn 1998 Pages: 592-610
Editor(s)
Richard Sparks
Date Published
1998
Length
19 pages
Annotation
This paper examines arguments for adopting a human rights-based approach to analyzing the sentencing process, as opposed to traditional crime control and due process models developed by Packer (1968), and an attempt is also made to further the theoretical debate by suggesting how Gidden's theory of structuration may be extended to provide an appropriate theoretical context for the analysis of human rights in the sentencing process.
Abstract
Packer's crime control model stresses the repression of criminal conduct as the most important function of the criminal justice system and focuses on the most efficient ways to achieve this function, particularly by disregarding formal legal controls that may produce lower conviction rates. On the other hand, the due process model emphasizes adherence to courtroom procedures and protection of the individual. Packer develops these models as representative of two competing sets of normative prescriptions that can be employed as heuristic devices to describe and analyze the criminal process. Both models are evaluated in terms of their positive and negative features. In addition, the author considers the extent to which substantive human rights for dangerous mentally ill offenders are recognized in the European Convention on Human Rights. He then proceeds to discuss the macro-sociological theory of structuration developed by Gidden. This theory is characterized as involving the production and the reproduction across time and space of social practices and as clearly distinguishing between system and structure. 53 references and 10 footnotes