AC 1.3 Flashcards
(9 cards)
What are the two crime models?
The crime control model and the due process model by Herbert Packer
What is the crime control model?
-reflects the values of an assembly line by punishing as many offenders as quickly as possible.
-victim focused
-presumption of guilt
-zero tolerance approach
-increased police powers
What is the theory link between right realism and the crime control model?
-tough on crime with the zero tolerance approach
-lack of social control causes crime so police powers should be increased. Therefore, police should be able to stop, search or detain suspects whenever to protect society.
-Crime is a choice which is reflected in the assembly line.
What are the areas of law that support the crime control model?
-allowing bad character evidence for harsh punishments and jury bias.
-The removal of double jeopardy for murder and other offences as this prioritises justice for society and victims and punishes offenders. It also supports the presumption of guilt.
-Extended pre charge detention for terrorism.
What are some case examples that support the crime control model?
London riots - harsh sentencing/zero tolerance of offenders and resembled assembly line.
Colin Stagg - focused on by police as only suspect, entrapment and presumption of guilt due to needing to solve the case quickly.
Barry George - bad character evidence was used under the criminal justice act 2003 because they needed to solve the case quickly.
What is the due process model?
-replicates an obstacle course with the problems in CJS under PACE 1984 to ensure fairness.
-protects the rights of offender and victim
-presumption of innocence
-limited police powers and they can only arrest under PACE 1984
How does the due process model link to left realism?
-focuses on inequalities
-crime is not a choice due to inequalities
-fair and caring approach to lower crime rates and reoffending
What areas of law support the due process model?
PACE 1984 - limits police bias and powers with the admissibility of evidence
Recorded interviews/legal representative - prevent coercion eg Stefan Kiszko
Human Rights Act 1998 - access to a fair trial, privacy and evade torture.
What are some case examples that support the due process model?
Thomson and Venables - HRA 1998 was used to ensure a fair trail and the right to privacy.
Gary Wendell - charged with murder but released on bail due to lack of evidence.
Sion Jenkins - right to appeal which led to a retrial and eventually an acquittal.
