1.3 Flashcards
(16 cards)
What is the primary goal of the Crime Control Model?
The suppression of crime
This model prioritizes catching and punishing offenders to deter future crime.
What presumption does the Crime Control Model start from?
Presumption of guilt
This model trusts police investigations to identify probable guilt.
What does the Crime Control Model say about the rights of suspects?
Emphasizes the rights of society and victims
It prioritizes societal protection over individual rights.
What type of justice system does the Crime Control Model favor?
Conveyor belt or assembly line justice system
This system aims for speedy prosecution and punishment.
What is the main concern of the Due Process Model?
Protecting the accused from oppression
This model views the state as a threat to individual freedom.
What presumption does the Due Process Model start from?
Presumption of innocence
The accused is considered innocent until proven guilty.
What is a key characteristic of the Due Process Model regarding police investigations?
Less faith in police’s ability to conduct satisfactory investigations
It emphasizes safeguarding suspect and defendant rights.
What are some due process rules that must be followed?
- Questioning rules
- Legal representation
- Admissibility and disclosure of evidence
- Cross-examination of witnesses
- No secret trials
These rules are designed to protect the rights of the accused.
True or False: The Crime Control Model believes that a few innocent convictions are an acceptable price for convicting many guilty individuals.
True
This model accepts the risk of occasional wrongful convictions.
What theory is linked to the Crime Control Model and advocates for greater police powers?
Right Realism
This theory supports a conservative approach to justice.
How does the Crime Control Model relate to Functionalism?
Punishment reinforces society’s moral boundaries
This aligns with Durkheim’s view on the function of justice.
What does Left Realism argue regarding policing in poor areas?
Oppressive policing triggers confrontations
It emphasizes the need for lawful and non-discriminatory police practices.
What is the relationship between the Due Process Model and Labelling Theory?
Aims to stop state agencies from oppressing people
It protects against illegal police actions based on negative labels.
What can happen to illegally obtained evidence in court?
It may be ruled inadmissible
This protects defendant rights but judges can admit it if deemed necessary for truth.
In practice, how do most justice system agents act regarding due process rights?
They respect the due process rights and follow correct procedures
This is indicated by the low appeal rates among convicted defendants.
What are Miscarriages of Justice (MOJ)?
Failures to follow correct procedures leading to wrongful convictions
These highlight the justice system’s inconsistencies with due process principles.
