Unit 4 AC1.3

Question 1

What are the two models of criminal justice?

Answer 1

Crime control model
Due process

Question 2

What is the aim of crime control model?

Answer 2

Goal is to suppress crime because it is a threat to the people. The priority is catching and punishing offenders.

Question 3

What is the presumption of crime control model?

Answer 3

Presumes guilty until proven innocent. Model trusts the police.

Question 4

Describe how the crime control model moves through the criminal justice system.

Answer 4

Conveyer belt. Quickly prosecutes, convicts and punishes them. Argues a few people being wrongly convicted is worth convicting guilty people.

Question 5

What rights does the crime control model emphasises?

Answer 5

Emphasises the rights of society and victims to be protected rather than the rights of suspects.

Question 6

What theories do the crime control model link to?

Answer 6

Right realism theory
Durkheim’s functionalism theory

Question 7

What is the right realism theory?

Answer 7

The key idea is zero tolerance policing and giving greater powers to the police.

Question 8

What is Durkheim’s functionalism theory?

Answer 8

Punishment reinforces moral boundaries. Believes the function of justice is to punish, enabling society to express moral outrage.

Question 9

State 3 legislations that favour the crime control model.

Answer 9

-Police rights to stop, question, search and arrest.
- Court may draw negative conclusions from defendants remaining silent to failing to testify.
- Public interest immunity certificate allows prosecution to avoid disclosing evidence

Question 10

What evidence is there the crime control model is being used in the UK?

Answer 10

Miscarriages of justice that suggests the conveyer belt occurred. (too quick).

Question 11

What is the aim of due process?

Answer 11

To protect the accused from oppression.

Question 12

What is the presumption of due process?

Answer 12

Presumes innocence until proven guilty.

Question 13

Describe the movement through the criminal justice system for due process?

Answer 13

Obstacle course.
Protects the rights of suspects by slowing the prosecution down. Means guilty may be let free but this model believes it is better than convicting innocent individuals.

Question 14

Whos rights does the due process model protect?

Answer 14

Rights of suspects

Question 15

Which theories link to the due process model?

Answer 15

Left realism- Believes oppression against working class causes more crime so the police should follow procedure in a non-discriminatory way.
Labelling theory- Labels based on stereotypes enforces criminal behaviour so police shouldn’t label.

Question 16

Name legislations linked to the due process model

Answer 16

• Right to legal representation
• Right to remain silent
• Right to appeal a conviction
• Right to know why they are being arrested

Question 17

Evidence the due process model is being used in the UK.

Answer 17

Due process works because a small number of defendant appeal a conviction which is evidence the police and judges are respecting the model.