1.3 describe models of criminal justice Flashcards

(27 cards)

1
Q

what are the two models of criminal justice?

A
  1. the crime control model
  2. the due processes model
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2
Q

what is the basic principle of the crime control model?

A

Focuses on having an efficient system whereby the most important function is to suppress and control crime to ensure that society is safe and there is public order

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3
Q

what does the crime control model assume about individuals?

A

there is a presumption of guilt

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4
Q

why does the crime control model argue that crime needs to be controlled?

A

crime is a threat to individuals freedom so it needs to be suppressed to protect individuals freedom

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5
Q

what type of punishments does the crime control model opt for?

A

quick and harsh punishments

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6
Q

what does the crime control model say about police powers?

A

The police should have enhanced powers to make sure a conviction is achieved and to be free from legal technicalities which impede their criminal investigations

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7
Q

what is the phrase used to desribe the crime control models appraoch to justice and what does it mean?

A

conveyor belt of justice - means that in the crime contol model, they want to gain justice and get offenders in/out as quick as possible like a conveyor belt (a constant flow)

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8
Q

what is the due process model?

A

focuses on having a just and fair criminal justice system for all and a system that does not infringe upon constitutional rights, where the correct and ‘due’ processes are followed

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9
Q

unlike in the crime control model, in the due process model, there is a pressumtion of…

A

there is a pressumption of innocence

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10
Q

what does the due process model say about the police?

A
  1. There is less faith in the police and their ability to convict only those who are guilty due to corruption
  2. The police should have their powers restricted
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11
Q

The rules and procedures protecting individuals rights are a necessary….

use the due process criminology key term

A

a necessary obsticle course

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12
Q

what theories support the due process model

A

left realism and labelling theory

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13
Q

give an example of the due process model in our CJS

A
  1. suspects have a right to know why they are being arrested
  2. suspects have the right to remain silent
  3. suspects have the right to legal representation when questioned by police and in court
  4. defendants have the right to appeal a conviction or sentence
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14
Q

give an example of the crime control model in our CJS

A
  1. for serious offences, the police can make individuals wait up to 36 hours for legal advice
  2. the court may draw negative inferences if the defendant remains silent when questioned or fails to testify without good reason
  3. the police have 19 different powers of stop and search
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15
Q

which model of crime does the colin stagg case represent?

A

the crime control model

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16
Q

how does the colin stagg case represent the crime control model?

A

The police abused suspects rights and assumed his guilt despite their evidence from the illegal honey trap not proving his guilt

17
Q

what crime control model does the Barry George case represent?

A

the crime control model

18
Q

how does the Barry George case represent the crime control model?

A

Crime control model as the police presumed Barry George’s guilt based on evidence which did not prove his guilt as it was mainly circumstantial and very weak

19
Q

what crime control model does the Stefan Kiszko case represent?

A

the crime control model

20
Q

how does the Stefan Kiszko case represent the crime control model?

A

Kiszko was convicted of a crime he didn’t commit which mimics the crime control model where they are willing to put innocent people behind bars to have a crack down on crime and for harsh punishments to deter individuals from committing crime

21
Q

which crime control model does the Christopher Halliwell case represent?

A

the due process model

22
Q

how does the Christopher Halliwell case represent the due process model?

A

it puts an emphasis on individuals rights, as Christopher Halliwell’s suspect rights were not upheld, the evidence against him was deemed inadmissible in court

23
Q

who created the two models of criminal justice?

A

Herbert Packer

24
Q

crime control model

what are some pros of the crime control model?

A
  1. Strong deterrence through swift punishments
  2. Rapid case processing
  3. Can potentially create safer communities and increased public order
  4. Less of a backlog of cases waiting for trial which reduces the burden on the criminal justice system
25
# crime control model what are some of the cons of crime control model?
1. May promote innocent people being convicted purely to gain a quick conviction 2. The CJS may become corrupt due to increased power 3. Minority groups may become increasingly targeted by the police due to increasing police power
26
# due process model what are some pros of the due process model?
1. May promote policies that require the system to focus on individual rights 2. Engages the community and institutions to help criminals rehabilitate 3. The due process model reduces many errors that occur during the investigation, arrest, evidence gathering and trial as it does not assume guilt and scrutinises evidence 4. More likely to be less innocent individuals convicted as cases go through an obstacle course rather than a conveyor belt
27
# due process model what are some cons of the due process model?
1. There is less faith in the police due to corruption etc which may cause issues as the police may lose power and control over individuals 2. Going through all the ‘due processes’ is a lengthy process meaning that there may be a backlog of cases waiting to go to trial 3. Doesn't have the same deterrent effect as the crime control model