The Third Model of Criminal Process: The Victim Participation Model

Abstract

More than thirty years ago, Professor Herbert Packet proposed his famous two value systems that compete in criminal process: the Crime Control Model and the Due Process Model. In recent years, however, it has become clear that a third model is need as a complement to, but not as a replacement for, Packer?s two models: the Victim Participation Model. This third model recognizes that the law now acknowledges the importance of victim participation in the criminal process. The model comprehends important concepts reflected in state constitutional amendments and statutes, such as fairness to the victim, respect for the victim, and dignity of the victim. The three-model concept is more functional than the two-model concept. While the law now reflects the significance of genuine value of victim participation, the two-model concepts provides no room for the values of victim participation. Law of victim participation are not going away, but to the contrary are becoming ever more prevalent. The Victim Participation Model provides an opportunity to understand the laws granting victims rights of participation in the criminal process.