Source: (1970) The Yale Law Journal 79 (January): 359-417.
Griffiths holds that American criminal procedure is determined by a prevailing ideology. Primarily to demonstrate the problem of ideology in criminal procedure, he presents an alternative to the prevailing ideology in this paper. With this purpose in mind, Griffiths examines the prevailing ideology of criminal procedure as articulated by Herbert Packer; Griffiths calls this the “battle model.â€? In contrast Griffiths presents the possibility of a “family modelâ€? of criminal procedure based on the possibility of reconcilable interests (a “state of loveâ€?), not fundamental disharmony or conflict. This model would re-envision the nature of crime, the status of the criminal, punishment, attitudes toward all the participants in the process, and the nature of criminal process itself.
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