AC 1.3

Question 1

what are the 2 Models of Criminal Justice?

Answer 1

1. The Due Process Model
2. The Crime Control Model

Question 2

who developed both the Models of Justice?

Answer 2

Herbert Packer

Question 3

what does the Due Process Model focus on?

Answer 3

the DPM focuses on the presumption of innocence, everyone is innocent until proven guilty and safeguarding the rights of an individual to prevent MoJ

Question 4

the Justice System is what under the Due Process Model?

Answer 4

a very lengthy process, that focuses on fairness and protecting the defendants legal rights.

Question 5

what does the Due Process Model believe the police should have?

Answer 5

limited police powers.

Question 6

what are legislative obstacles in the Due Process Model?

Answer 6

LO are areas of law & rules that have to be overcome by cases before convictions can happen, that helps to ensure a fair and correct verdict.

Question 7

Police and Criminal Evidence Act 1984

Answer 7

DPM - PACE recognised the need for procedures and regulations in the police, things are then regulated and increases fairness & equality.

Question 8

Police Interviews

Answer 8

DPM - police interviews have to be recorded, all suspects have the right to legal representation. interviews can be inspected to ensure rights are protected.

Question 9

The Human Rights Act 1998

Answer 9

DPM - HRA allows criminal justice practices to be looked at from human rights perspective. human rights have to be protected from arrest all the way through to appeal, process can’t be fair if human rights are impeded.

Question 10

Sion Jenkins

Answer 10

DPM - Jenkins was able to appeal against his guilty conviction which was one of his rights under the model, the right decreases the likelihood of miscarriages of justice

Question 11

Gary Weddell

Answer 11

DPM - Weddell was given bail, example of defendant being given their legal rights

Question 12

Thompson and Venables

Answer 12

DPM - T&V were protected using European Convention on Human Rights, both were 10 years old when murder was committed so their identities were protected.

Question 13

what theory links to the Due Process Model?

Answer 13

left realism - focuses on the inequality created by a capatalist society aswell fairness and preventing MoJ, creating a more equal and caring society that would eventually eliminate crime.

Question 14

what does the Crime Control Model focus on?

Answer 14

the quick and efficient disposal of criminal cases and punishing criminals to prevent further crime, it protects victims rights.

Question 15

what does the Crime Control Model believe police should have?

Answer 15

enhanced police powers

Question 16

what is the Crime Control Model compared to?

Answer 16

a conveyor belt - it moves cases through the criminal justice system as quick as possible.

Question 17

Bad Character Evidence

Answer 17

CCM - allowing previous convictions and bad character evidence to be heard in court, increasing the likelihood of a conviction.

Question 18

Double Jeopardy

Answer 18

CCM - removal of DJ meant people could be tried more again for the same crime with new evidence being found, helping the aim of punishing suspects.

Question 19

Extended pre-charge

Answer 19

CCM - for terrorist offences, pre charge can be extended, meaning more evidence can be collected and a stronger case can be built to ensure a conviction.

Question 20

Colin Stagg

Answer 20

CCM - the aim was to secure a conviction at any cost, police entrapment was used which made evidence unreliable.

Question 21

Barry George

Answer 21

CCM - the aim was to secure a conviction at any cost and as quickly as possible, the police built the case on unreliable evidence.

Question 22

what theory links to the Crime Control Model?

Answer 22

right realism -falls under zero tolerance approach, it doesn’t not address the causes of crime it just aims to complete the case as quick as possible.