AC 1.3 Flashcards
(28 cards)
What are the two models of criminal justice?
The crime control model and the due process model.
What does the crime control model prioritize?
Catching and punishing offenders, deterring and preventing further crime.
What is the presumption of the crime control model?
It starts from a presumption of guilt.
What does the crime control model trust regarding police?
It trusts the police to identify those who are probably guilty through investigation and interrogations.
What type of justice system does the crime control model favor?
A conveyor belt or assembly line justice system that speedily prosecutes, convicts, and punishes offenders.
What is the argument of the crime control model regarding innocent convictions?
It argues that if a few innocent people are occasionally convicted by mistake, this is a price worth paying for convicting a large number of guilty people.
What does the crime control model emphasize?
The rights of society and victims to be protected from crime rather than the rights of suspects.
What is right realism in relation to the crime control model?
It is a right-wing, Conservative approach that favors giving police greater powers to investigate and suppress crime.
What do functionalists like Durkheim believe about punishment?
Punishment reinforces society’s moral boundaries and enables society to express its moral outrage.
What rights does the crime control model grant police?
The right to stop, question, search, and arrest without giving evidence in some circumstances.
What change was made to the double jeopardy rule?
It allows a second prosecution if ‘new and compelling’ evidence emerges for serious offences only.
What was the case study for the crime control model?
Barry George was convicted of the murder of Jill Dando based on questionable forensic evidence.
What was the outcome of Barry George’s case?
The verdict was ruled unsafe, and he was found not guilty at a retrial.
What is the focus of the due process model?
To protect the accused from oppression by the state and its agents.
What is the presumption of the due process model?
It starts from a presumption of innocence.
What rights are safeguarded in the due process model?
Rights of suspects and defendants through a set of due process rules.
What does the due process model argue about guilty individuals going free?
It argues that this is a lesser evil than convicting the innocent.
What is the aim of the due process model?
To stop state agencies from oppressing people.
Laws favouring the due process model
What is the role of the CPS in the due process model?
They are independent bodies that can investigate the police.
Laws favouring the due process model
What does the Police and Criminal Evidence Act 1984 provide?
It gives suspects the right to know why they are being arrested.
laws favouring the due process model
What right does a suspect have when questioned by the police?
The right to remain silent.
What was the case study for the due process model?
Sion Jenkins was convicted of the murder of Billie-Jo Jenkins, but the conviction was later squashed due to misleading evidence.
What does the case of Birmingham Six illustrate?
It involved bias by a magistrate and highlighted failures in following correct procedures.
What is left realism in relation to the due process model?
Left realist argued that oppressive militaristic policing of poor areas triggers confrontations and makes residence unwilling to assist the police.
