Unit 4 - AC1.3 - Describe The Models If Criminal Justice Flashcards

1
Q

What are the 2 models of criminal justice

A

The crime control model and the due process model

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2
Q

Define the crime control model

A

Sees crime as a threat to people’s freedom and the goal is to suppress crime and prevent reoffending

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3
Q

What does the crime control start from

A

The presumption of guilt and argues that it’s okay if a few innocent people get punished if all criminals are caught

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4
Q

What does the crime control model emphasise the rights of

A

Society and victims

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5
Q

What theory does the cc model link to

A

Right realism

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6
Q

What is the right realism theory

A

A right wing conservative approach to justice, favours giving the police more powers such as zero tolerance policing

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7
Q

What is the right realism theory

A

A right wing conservative speech to justice, favours giving the police more powers such as zero tolerance policing

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8
Q

What are the 3 areas of the law that support the cc model

A

Evidence of bad character/ previous convictions is permitted in certain circumstances // change in the double jeopardy law // extended detention is allowed for serious terrorism offences

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9
Q

Which case was investigated using the crime control model

A

Barry George

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10
Q

What happened in the Barry George case

A

Accused of shooting jill dando, high profile so police wanted quick conviction, police thought they were right even though most the evidence was circumstantial then was acquitted in 2008 due to new forensic evidence

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11
Q

Define due process model

A

This model assumes that the power of the state is the greatest threat to the individuals freedom

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12
Q

What does the due process model start with the assumption of

A

Innocence

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13
Q

What does the dp model favour iver speedy punishment

A

The rules and procedures protecting the suspects rights being overcome

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14
Q

What does the dp model argue is the lesser evil than convicting the innocent

A

The guilty going free on a technicality

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15
Q

Whose rights does the dp model emphasise

A

The accused individual / defendant

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16
Q

What the theory does the dp model link to

A

Left realism

17
Q

What is the left realist theory

A

A left wing liberal theory that argues that oppressive militarising policing of poor areas triggers confrontations, the police must follow due process if they want to successfully fight crime

18
Q

What 3 areas of the law support the due process model

A

The right to remain silent // the right to legal representation

19
Q

What case was investigated using the due process model

A

Sally Clark

20
Q

What happened in sally Clark’s case

A

She was wrongfully jailed for murder img her 2 sons as a result of the HO pathologist and prosecution witness failing to disclose relevant information to her lawyers which isn’t following due process