Ac 1.3 Flashcards
(26 cards)
What are crime models?
Models of controlling crime
Two models put forward by Herbert packer 1968 are representations of different priorities within the justice system. They were put forward to help us identify where the balance of power lies
It can be very difficult for any justice system to achieve a fair balance between police powers and civil liberties
The models offer explanations as to hoe agencies and policies may be shaped and they can usefully be viewed as opposite ends of a continuum since they they present contrasting rational and characteristics.
What are the two models created by Herbert packer?
Crime control
Due process
Main points of crime control?
Emphasises protecting society
Assembly line justice
Informal fact finding
Necessity of speed and finality
Goal is crime suppression
Right leaning
Main points of due process?
Emphasises protecting the rights of the individual
Obstacle course
Very formal
Goal is protect against mistakes made by the police ad prosecutor
Left leaning
Deep dive into crime control?
Crime control beliefs
- Crime is a threat to peoples freedom and so the goal of the crime control model is the suppression of crime. It prioritises catching and punishing offenders, deterring and preventing them from committing further crime.
- The model starts from the presumption of guilt. It trusts the police to identify those who are probably guilty through their investigations and interrogations
- Police should be free from any unnecessary legal technicalities that prevent them from investigating crime.
- Once the probably guilty are identified, it favours a conveyor belt approach or assembly line justice system that speedily prosecutes, convicts and punishes them.
- If a few innocent people are occasionally convicted by mistake this nis a price worth paying for convicting a large number of guilty people.
- Emphasises the rights of society and victims to be protected from crime, rather than the rights of the suspects.
Deep dive into due process
Due process beliefs
- The power of the state is the greatest threat to individuals freedom, therefore the goal of this model is to protect the accused from oppression by the state and its agents.
- The model starts from the presumption of innocence- innocent until proven guilty
- Less faith in the police’s ability to conduct satisfactory investigations. Incompetence or dishonesty mean the suspects and defendants rights need to be safeguarded by a set of due process rules that investigations and trials must follow
- Rather than the conveyor belt carrying the accused swiftly to their punishment, the rules and procedures protecting thier rights form a necessary obstacle course that prosecutors have to overcome before they can secure a conviction
- Guilty sometimes go free on a technicality ( eg the prosecution have relied on illegally obtained evidence ) however this model argues its a lesser evil than convicting the innocent
- Emphasis on the rights of the accused rather than those of the victim of society
What theory’s does crime control link to?
Right realism
Functionalism
What is right realism?
Right wing, conservation approach to justice
What style of policing to right realists favour?
Zero tolerance policing- giving police greater powers to investigate and suppress crime
What is functionalism?
Durkheim theory that punishment reinforces society’s moral boundaries
Main function of justice is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion
What theory’s does due process link to?
Labelling theory
Left realism
What is the labelling theory?
A liberal approach that aims to stop the police from oppressing people.
Due process links to labelling theory since the police may be tempted to act illegally- they may harass groups that are negatively labelled as typical criminals eg young black men, travellers
DP model offers some protection against this as it requires police to follow lawful procedures and not exceed their powers
What is left realism?
Oppressive military style policing of poor areas triggers confrontation and makes residents unwilling to assist the police, police must follow DP by acting in a lawful, non- discriminatory way if they want to fight crime effectively since it depends on the cooperation of the community
How can police forces address and mitigate bias?
65% of ethnic minorities think the police are biased against them
Police should reduce over policing in certain areas, have more involvement in the community and more representation
How far do the two models describe the system of justice in England and wales?
We can see examples of each models by looking at two areas.
1. The rules governing the working of the justice system- do the rules protect the rights of the accused or the prosecution
2. The way the system works in practise- do the police, prosecutors and judges actually follow the rules and procedures
Some rules within the English legal system support the due process model and individuals rights, while others may support the crime control model by helping to secure convictions.
Rules that we have in out criminal justice system that favour crime control?
Police’s right to stop, question, search and arrest ( the right to stop and search without giving reason in some circumstances)
The court may negative inferences if the defendant remains silent when questioned by police or fails to testify in court without good reason
Extended police detention is allowed for questioning on suspicion of indictable offences (36 and 96 hours) and terrorist offences (14 days)
Extended period before access to a lawyer is allowed (for serious offences) and restrictions on the availability of legal aid
Jury trials are only for serious cases. Magistrates are more likely than juries to convict. Juryless trials are allowed if jury tampering is suspected.
Appeal rights are not always automatic. Some are only allowed on a point of law not on evidence
Changes to the double jeopardy rule allowed a second prosecution if ‘new and compelling’ evidence emerges (for serious offences only)
Evidence of bad character/ previous convictions is permitted in certain circumstances
Public interest immunity certificates may allow the prosecution to avoid disclosing evidence
Some rules within the English legal system support the due process model and individuals rights, while others may support the crime control model by helping to secure convictions.
Rules that we have in out criminal justice system that favour due process?
The suspects rights to know why they are being arrested
The right to remain silent when questioned by police and in court (based on the principle that the prosecutions job is to prove guilty, not the accused job to prove thier innocence)
The right not to be detained indefinitely without charge
The right to legal representation when questioned by the police and in court
The right to trial by a jury of ones peers
The right to appeal against conviction of a sentence
The right not to be retried for the same offence once acquitted
Rules governing the admissibility of evidence in court (hearsay, entrapment and forced confesssions)
The prosecution has a duty to disclose evidence against the defendant in advance of the trial
Examples of miscarriages of justice because cases were investigated using the crime control model?
Colin stag
Sally Clark
The Birmingham six
What happened in the Colin stag case?
He was investigated using entrapment
He was targeted as the offender to move the case on quicker murderer ended up being Robert Napper
What was the sally clark case?
Convicted of killing her two babies
Flawed statistical evidence was used to determine her sentencing
Prosecution was quick to believe flawed evidence
Ended up being wrong
She developed psychiatric problems due to trauma and killed herself
What happened in the Birmingham 6 case?
Explosions went off at pubs in Birmingham city centre killing 21 people and injuring 220
6 men arrested
Police used violence to force false confessions
Beat them and depraved them of food and water
Examples of miscarriages of justice using thee due process model?
Sion jenkins
Gary Waddell
