1.3 describe models of criminal justice Flashcards
(27 cards)
what are the two models of criminal justice?
- the crime control model
- the due processes model
what is the basic principle of the crime control model?
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
what does the crime control model assume about individuals?
there is a presumption of guilt
why does the crime control model argue that crime needs to be controlled?
crime is a threat to individuals freedom so it needs to be suppressed to protect individuals freedom
what type of punishments does the crime control model opt for?
quick and harsh punishments
what does the crime control model say about police powers?
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
what is the phrase used to desribe the crime control models appraoch to justice and what does it mean?
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)
what is the due process model?
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
unlike in the crime control model, in the due process model, there is a pressumtion of…
there is a pressumption of innocence
what does the due process model say about the police?
- There is less faith in the police and their ability to convict only those who are guilty due to corruption
- The police should have their powers restricted
The rules and procedures protecting individuals rights are a necessary….
use the due process criminology key term
a necessary obsticle course
what theories support the due process model
left realism and labelling theory
give an example of the due process model in our CJS
- suspects have a right to know why they are being arrested
- suspects have the right to remain silent
- suspects have the right to legal representation when questioned by police and in court
- defendants have the right to appeal a conviction or sentence
give an example of the crime control model in our CJS
- for serious offences, the police can make individuals wait up to 36 hours for legal advice
- the court may draw negative inferences if the defendant remains silent when questioned or fails to testify without good reason
- the police have 19 different powers of stop and search
which model of crime does the colin stagg case represent?
the crime control model
how does the colin stagg case represent the crime control model?
The police abused suspects rights and assumed his guilt despite their evidence from the illegal honey trap not proving his guilt
what crime control model does the Barry George case represent?
the crime control model
how does the Barry George case represent the crime control model?
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
what crime control model does the Stefan Kiszko case represent?
the crime control model
how does the Stefan Kiszko case represent the crime control model?
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
which crime control model does the Christopher Halliwell case represent?
the due process model
how does the Christopher Halliwell case represent the due process model?
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
who created the two models of criminal justice?
Herbert Packer
crime control model
what are some pros of the crime control model?
- Strong deterrence through swift punishments
- Rapid case processing
- Can potentially create safer communities and increased public order
- Less of a backlog of cases waiting for trial which reduces the burden on the criminal justice system