Understanding Criminal Justice: The Wedding Cake Model Explained

The wedding cake model of criminal justice is a theory developed by Samuel Walker to explain how cases move through the criminal justice system and are treated differently by media and society. The model consists of four layers, each representing different types of crimes and their severity. The bottom layer, which is the largest, consists of misdemeanors and minor offences. The second layer consists of less serious felonies, the third layer consists of serious felonies, and the top layer, which is the smallest, consists of high-profile celebrated cases. The model is significant because it highlights the disproportionate media coverage of high-profile cases, which may not be reflective of the majority of criminal proceedings. It also allows for a more realistic understanding of how the justice system functions and helps attorneys predict sentencing possibilities.

Misdemeanours: Minor offences, like petty theft, that are rapidly processed and rarely publicised

The wedding cake model of criminal justice, popularised by Samuel Walker in the 1980s, is a model that classifies crimes based on their nature and severity. The model consists of four primary groups, with the bottom layer of the cake representing misdemeanours—minor offences like petty theft, public intoxication, prostitution, or simple assault. These crimes are rapidly processed and rarely publicised, with defendants usually agreeing to a plea deal.

The bottom layer of the wedding cake model represents the least severe and most common offences. These are minor crimes that are often processed quickly and without much fanfare. This layer is made up of misdemeanours, which are considered "lesser crimes" when compared to more serious felonies. Misdemeanours are generally punished less severely than felonies, but more so than administrative infractions (also known as summary or regulatory offences).

In the United States, misdemeanours are typically crimes with a maximum punishment of 12 months of incarceration, usually in a local jail. They can also result in monetary fines, community service, probation, or restitution. Examples of misdemeanours include petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, shoplifting, vandalism, reckless driving, and possession of cannabis for personal use.

The processing of misdemeanours is often done in an "assembly-line" fashion, with courts handling these cases rapidly and with little to no media or public attention. These cases are usually resolved through plea agreements between the defendant and the prosecution, which helps to speed up the judicial process.

While misdemeanours are less serious than felonies, they can still have significant consequences. For example, a conviction for a misdemeanour can result in the loss of certain privileges, such as professional licenses, public offices, or public employment. Additionally, misdemeanours can appear on an individual's criminal record, although they are generally easier to remove through expungement or sealing of the record.

Lesser felonies: Non-violent crimes, often committed by people with little criminal history, that may be resolved through a plea deal

The wedding cake model of criminal justice, developed by Samuel Walker, is a model that classifies crimes based on their nature and severity. The model consists of four layers, each representing different types of crimes and how they are treated by the criminal justice system, the media, and the public. The bottom layer of the model represents misdemeanors and minor offences, while the top layer represents high-profile "celebrated cases". The two layers in between represent violent and non-violent felonies.

The third tier of the wedding cake model deals with lesser felonies, which are non-violent crimes often committed by first-time offenders or individuals with little criminal history. These offences typically involve financial or drug-related crimes. Most cases in this tier are resolved through plea agreements, where the defendant negotiates with a prosecutor to settle the case through a guilty or no-contest plea. Plea bargaining helps reduce the severity of punishments and saves time and resources for both the defendant and the criminal justice system.

In California, for example, plea bargaining allows defendants to negotiate with prosecutors for certain sentencing concessions, such as reduced charges or the dismissal of a case. This process is beneficial for both parties as it helps avoid the risk, cost, and time commitments associated with a trial. While plea bargaining can result in milder consequences compared to a trial, it is important to note that defendants waive some of their rights by pleading guilty. Therefore, individuals should carefully consider their options and seek legal counsel before accepting a plea deal.

The advantages of plea deals for defendants include the possibility of reduced charges, lighter sentences, and more lenient punishments such as community service or probation instead of jail time. Additionally, plea deals offer certainty in an uncertain situation and eliminate the need for a trial, reducing the time and financial burden on the defendant. For prosecutors, plea deals provide a win-win situation where they can still secure a conviction while compromising on the charges.

Overall, the third tier of the wedding cake model, dealing with lesser felonies, often involves plea bargaining as a means of resolving non-violent crimes committed by individuals with little criminal history. Plea deals offer a compromise that benefits both the defendant and the prosecution, resulting in a more efficient criminal justice system.

Serious felonies: More violent crimes, like rape, that are less likely to involve bail or a plea agreement

The wedding cake model of criminal justice, developed by Samuel Walker, is a framework for understanding how cases move through the criminal justice system and how they are treated by the media and society. The model is structured like a wedding cake, with four tiers or layers, each representing different levels of criminal cases. The bottom layer constitutes the least severe and most common offences, such as misdemeanours and traffic violations, while the top layer represents a small number of "celebrated cases" that are widely known and highly publicised.

The second tier from the top concerns serious felonies, such as rape and aggravated assault. These crimes are more violent in nature and are handled with greater severity by the criminal justice system. Offences in this tier are less likely to involve bail or a plea agreement prior to trial. This is due to the potential danger posed to the community and the likelihood of a lengthy prison sentence, which increases the risk of the accused fleeing.

When determining whether to grant bail for violent crimes, courts consider the risk of the accused fleeing and endangering public safety. A history of violence or a particularly heinous crime can lead to bail denial. Violent crimes often involve harm or the threat of harm to another person, making them more severe in the eyes of the law. As a result, bail amounts tend to be significantly higher compared to non-violent offences.

Serious felonies in the second tier demand the full attention of the criminal justice system. They are handled in the highest criminal courts and require a significant amount of time and resources. The severity of these crimes often results in trials instead of plea agreements, as the accused may face substantial prison sentences.

The wedding cake model is significant because it highlights the differences in treatment between high-profile "celebrated cases" and other types of cases in the criminal justice system. It also illustrates how less sensational cases, such as misdemeanours and minor offences, make up the majority of criminal proceedings, even though they receive little to no media coverage.

High-profile cases: Celebrated cases that receive extensive media coverage and involve celebrities, politicians, or shocking acts of violence

The wedding cake model of criminal justice, developed by Samuel Walker, is a model that differentiates types of crimes by their severity and the relationship between the victim and offender. The model consists of four layers, with the top layer representing a small number of "celebrated cases". These are high-profile cases that receive extensive media coverage and involve celebrities, politicians, or shocking acts of violence.

High-profile cases are those that involve individuals with a high media profile, such as celebrities or politicians. These cases attract a lot of attention and can have significant implications for those involved. The criminal justice process for these cases is often lengthy and resource-intensive, with defendants receiving highly competent legal counsel and expert witnesses. The media plays a crucial role in these cases, and effective media management is essential to protect the defendant's public image and career.

Celebrities who find themselves in the criminal justice system present a unique set of challenges for their legal teams. Their lawyers must not only fight for a favourable outcome in court but also protect their clients' public image and ability to continue performing. This requires specialised skills, knowledge, and experience. The transactional lawyer plays a crucial role in this regard, as they can advise the celebrity client on potential pitfalls and help minimise damage to their career.

Domestic violence is one area where celebrities are often accused or charged. For example, Charlie Sheen has been accused, arrested, and convicted multiple times for domestic violence and assault against women. In another instance, Emma Roberts, the niece of Julia Roberts, was arrested for domestic violence against her boyfriend and co-star, Evan Peters.

High-profile cases involving politicians can also attract significant media attention and public interest. For example, the case of Lee Harvey Oswald, who was found to have acted alone in the assassination of a congressman, or the investigation into the murder of a congressman and a mass suicide in Jonestown, Guyana, in the late 1970s.

In conclusion, the wedding cake model's top tier of "celebrated cases" encompasses high-profile criminal cases that receive extensive media coverage. These cases often involve celebrities, politicians, or shocking acts of violence, and they are treated very differently by the media and society compared to less severe or less prominent crimes.

Assembly line justice: The quick and efficient processing of large numbers of minor offences at the lower levels of the model

Assembly line justice is a term used to describe the quick and efficient processing of large numbers of minor offences at the lower levels of the wedding cake model of criminal justice. This model, first proposed by Samuel Walker in the 1980s, is a framework for understanding how cases move through the criminal justice system and how they are treated differently by media and society. The model is structured like a wedding cake, with the bottom layer representing the most significant number of cases, which are often misdemeanours and traffic violations, and the top layer representing a small number of high-profile "celebrated cases".

The bottom layer of the wedding cake model is where assembly line justice takes place. This layer is made up of misdemeanours, minor offences that are rapidly processed with little to no publicity. Examples of crimes in this category include petty theft, disturbing the peace, minor acts of vandalism, public intoxication, prostitution, and graffiti. These cases are usually resolved through plea agreements, fines, or community service sentences. They are handled by the lowest criminal courts and often do not require the defendant to appear in court.

The criminal justice system would be overwhelmed if it did not have an efficient way to process the large volume of minor cases that come through it. Assembly line justice allows for these cases to be handled in a quick and efficient manner, ensuring that the system runs smoothly and that resources are allocated appropriately. This approach is necessary to keep up with the high volume of cases and to ensure that more serious crimes receive the attention they require.

While assembly line justice serves an important function, it is not without its limitations. This approach can lead to a lack of individual consideration for defendants, as cases are processed rapidly and with little room for deviation. Additionally, it is important to ensure that the quick processing of these cases does not compromise the fairness and integrity of the justice system.

The wedding cake model, including the concept of assembly line justice, provides valuable insights into the criminal justice system. It highlights the differences in how cases are handled at various levels, the impact of media attention, and the allocation of resources. This model is a useful tool for understanding the complexities of the criminal justice system and how it deals with a wide range of offences.

Frequently asked questions