UNIT 4- topic 2 Flashcards

1
Q

what are the two main models of criminal justice

A
  • crime control model

- due process model

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2
Q

what do people say is the tougher approach

A

crime control model

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3
Q

what does the crime control model believe in

A

strict punishments

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4
Q

what are the preventative measures that the crime control model uses

A

statutes as curfew

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5
Q

what can the crime control model influence

A

can influence how crime controlled systems are structured.

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6
Q

who’s rights are prioritised in the crime control model

A

the rights of the public are prioritised than the rights of the suspects.

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7
Q

in the crime control model, what do they believe about protecting society compared to suspects rights

A

They believe protecting society is more important than the rights of the suspects.

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8
Q

what does the crime control model view crime as

A

This model views crime as a threat to people’s freedom.

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9
Q

what is the goal of the crime control model

A

The goal of the model is to suppress crime.

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10
Q

what does the crime control model prioritise

A

it prioritises catching and punishing offenders, deterring and preventing them from committing further crime.

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11
Q

what is the aim of the crime control model

A

The aim is to punish criminals and stop them committing further crimes.

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12
Q

what does the crime control model start with

A

the presumption of guilt

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13
Q

what is the crime control model based on

A

guilty until proven innocent.

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14
Q

what approach does crime control model link to and why

A

it links to the zero tolerance approach; any crime committed there shouldn’t be any tolerance, no matter the circumstances.

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15
Q

what are some examples of the crime control model in the UK

A

examples would be the abolishment of double jeopardy rule for serious offences in criminal justice act 2003, the extended pre charge detention time up to 28 days for terrorist offences in terrorism act 2006, allowing the use of bad character evidence, increase stop and searches in England and wales in 2020, no automatic appeals in crown court, not judged by a jury in a magistrate court (more likely to convict in a magistrate court), inference of guilt when witness remains silent.

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16
Q

what is an example of a case Studies That Illustrate Crime Control Model

A

Murder of Rachell Nickell (colin stagg case)

17
Q

how is the Murder of Rachell Nickell (colin stagg case)

an example of crime control model

A

the honey trap used by police demonstrates that the police want to arrest someone and convict them. there was also a suspect who was charged but later acquitted, this shows that the police didn’t mind punishing an innocent man which is like the crime control model. they used entrapment to try and coerce Colin into a confession, favours rights of society and victims rather than suspects. media labelled him as the guilty party

18
Q

what do they believe in the due process model

A

laws and rights of an individual have to be upheld. shouldn’t be able to take away someone’s freedom unless correct things have been followed.

19
Q

in the due process model do they believe in the rights of the suspects

A

yes

20
Q

what is the main aim in the due process model

A

to protect the accused from oppression from the state

21
Q

in the due process model what does it start with

A

presumption of innocence until the criminal justice system proves that they are guilty

22
Q

what is two of the issues with the due process model

A

that sometimes the guilty person goes free based on a technicality and the rights of the suspects and defendants may not be followed at some stage of the trial and the arrest. you have to trust the people who are in charge to follow the rules and guidelines

23
Q

4 things that illustrate that the crime control model is used in our criminal justice system:

A
  • human rights act 1998 (outlines rights to a fair trial)
  • rights of suspects; charges against you, phone call, legal aid, legal representative.
  • trial by peers, trial by magistrates; they arent legally qualified. seen as fair as they are other people in society.
  • PACE act 1984
24
Q

what is an example of a case study that demonstrates the due process model

A

Murder of Stephen Lawrence

25
Q

how is the Murder of Stephen Lawrence

an example of due process model

A

inquiry into the police investigation- highlights importance of taking police corruption/ incompetence seriously. macpherson report- recommendations for future

26
Q

What are the 5 potential problems with the crime control model?

A
  • more miscarriages of justice
  • possible misuse of power
  • to eager to convict
  • over policing
  • lead to deviant behaviours being called criminal
27
Q

what is right realism

A

belief harsh punishments as a deterrent, blames “under class” for crime as they are lazy and work shy, blames individuals for lack of self control/ commit crime as a rational choice due to ineffective socialisation, they don’t understand right from wrong and down to criminal justice system to teach them that

28
Q

what is the Connection to model of justice that links to right realism

A

links to crime control theory, wants punishments, tough and harsh, they believe its a choice so only way to teach them a lesson is to punishment harsh.

29
Q

what is functionalism

A

looks at society as a whole rather than one individual. each aspect of society is needed for society to function, crime is inevitable and necessary for society to function, punishment reinforces what’s right and wrong and this shows us what is right and wrong. brings people together - social cohesion. when something bad happens, people get together and bond over mutual understanding is awful.

30
Q

what is the Connection to model of justice that links to functionalism

A

favours crime control model, reinforces societies boundaries, punishment is needed to reinforce the social boundaries in order to deter society from doing things.

31
Q

what is left realism

A

crime caused by inequalties in a capitalist society, crime prevention should be based upon early intervention and working with disadvantaged. liberal approach to criminal justice, more compansionate approach to rehabilitation. certain groups are marginalised by society to commit crime to lash out or out of basic need

32
Q

what is the Connection to model of justice that links to left realism

A

due process, favour police reform, prevention of crime, suspect rights, more compasionate approach

33
Q

what is Interactionism (Labelling)

A

how people in society interact with eachother. crime is social constructed (becker). society label certain acts as deviant, product of a label that weve created, not naturally occurring. once labelled, a person has their master status and contribute to self fulling prophecy (they internalsie the label) crimininaly is a product of being labeled

34
Q

what is the Connection to model of justice that links to Interactionism (Labelling)

A

due process model as they want to reform and rehabilitate to avoid negatively labelling individuals.
rules and regulations needed to prevent bias in the criminal justice system caused by labels.