ac 1.3 describe models of criminal justice Flashcards

(38 cards)

1
Q

What is the primary focus of the crime control model?

A

Suppression of crime, prioritizing catching and punishing offenders

This model emphasizes deterring and preventing further crime.

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2
Q

What presumption does the crime control model start with?

A

Presumption of guilt

This model trusts police to identify those who are probably guilty.

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3
Q

What does the crime control model argue about wrongful convictions?

A

A few innocent people convicted by mistake is a price worth paying

This is justified by the goal of convicting a large number of guilty individuals.

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4
Q

How does the crime control model view the role of police?

A

Police should be freed from unnecessary legal technicalities

This is to enable them to investigate crime effectively.

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5
Q

What is the process described in the crime control model for handling suspects?

A

A conveyor belt or assembly line justice system

This system speedily prosecutes, convicts, and punishes suspects.

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6
Q

What does the crime control model emphasize regarding society’s rights?

A

Emphasizes the rights of society and victims to be protected from crime

This is prioritized over the rights of suspects.

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7
Q

Who was Colin Stagg and why is he mentioned?

A

Targeted as he fit the profile of a loner

Undercover officers were used to try to extract a confession.

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8
Q

What is a key criticism of the crime control model related to wrongful convictions?

A

Difficulty in successful appeals after wrongful convictions

This highlights concerns about the justice process.

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9
Q

What is the primary goal of the due process model?

A

To protect the accused from oppression by the state and its agents

This includes police, prosecutors, and judges.

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10
Q

What presumption does the due process model start with?

A

Presumption of innocence

The accused is considered innocent until proven guilty.

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11
Q

How does the due process model view the ability of police?

A

Has less faith in police’s ability to conduct satisfactory investigations

This reflects a more cautious approach towards law enforcement practices.

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12
Q

What is the purpose of due process rules in the context of suspects and defendants’ rights?

A

To safeguard rights during investigations and trials

Due process rules include arrest procedures, questioning, legal representation, admissibility of evidence, and cross-examination of witnesses.

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13
Q

What can sometimes allow the guilty to go free in the justice system?

A

Technicalities in due process rules

This reflects the balance between safeguarding individual rights and the pursuit of justice.

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14
Q

Which model emphasizes the rights of the accused individual over those of the victim or society?

A

Due process model

This model prioritizes protecting individual rights against potential abuses by the state.

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15
Q

What is the crime control model characterized by?

A

A right-wing conservative approach to justice

It supports zero tolerance policing strategies and greater police powers.

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16
Q

According to functionalism, what is the main function of justice?

A

To punish the guilty and express society’s moral outrage

This function reinforces societal moral boundaries and promotes social cohesion.

17
Q

What does the due process model aim to prevent?

A

State agencies from oppressing people

The model seeks to ensure lawful procedures are followed by police.

18
Q

True or False: The crime control model favors limiting police powers.

A

False

The crime control model advocates for greater police powers to combat crime.

19
Q

Fill in the blank: The due process model requires police to follow _______.

A

lawful procedures

This is crucial to prevent illegal actions and harassment of individuals.

20
Q

What temptation might police face under the due process model?

A

To act illegally and harass negatively labeled groups

This highlights the potential for abuse if proper procedures are not followed.

21
Q

What does left realism argue?

A

It argues that the appressive militaristic policing of poor areas triggers confrontations and makes residents unwilling to assist the police.

22
Q

What is required of police in terms of due process?

A

Police must act in a lawful and non-discriminatory way.

23
Q

What is a suspect’s right regarding their arrest?

A

The suspect has the right to know why they are being arrested.

24
Q

What right does a suspect have when questioned by police?

A

The right to remain silent.

25
What is a suspect's right regarding detention?
The right not to be detained indefinitely without charge.
26
What right does a suspect have concerning trial?
The right to trial by a jury of one's peers.
27
What right does a convicted individual have?
The right to appeal against conviction or sentence.
28
What is the rule regarding re-trial for acquitted individuals?
The right not to be re-tried for the same offence once acquitted.
29
What governs the admissibility of evidence in court?
Rules governing the admissibility of evidence in court.
30
What duty does the prosecution have regarding evidence?
The prosecution has a duty to disclose evidence against the defendant in advance of the trial.
31
What police rights exist regarding questioning and searching?
Police have rights to stop, question, search, and arrest without giving a reason in some circumstances.
32
What can the court do if a defendant remains silent?
The court may draw negative inferences if the defendant remains silent when questioned by police or fails to testify without good reason.
33
What is allowed regarding extended police detention?
Extended police detention is allowed for questioning in indictable and terrorism cases.
34
For what types of cases are jury trials available?
Jury trials are only for serious cases.
35
Are appeal rights always automatic?
No, appeal rights are not always automatic.
36
What change was made to the double jeopardy rule?
The change allows a second prosecution if new and compelling evidence emerges.
37
What evidence can be presented regarding a defendant's character?
Evidence of bad character or previous convictions.
38
What may public-interest immunity certificates allow?
They may allow the prosecution to avoid disclosing evidence.