AC1.3 Flashcards

1
Q

crime control model/ conveyor belt

A
  • guilt of accused is implied in order to protect society from danger
  • rights of society and victim
  • prevention and reduction of crime main aim
  • pro police powers
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2
Q

theories of crime control model

A

right realism - prioritise order instead of justice because crime has been caused by lack of self control.
- zero tolerance approach
functionalism - crime and punishment needs to happen to bring legal change/ boundary maintenance.
- justice system punishes, society can demonstrate disapproval

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3
Q

rules governing working justice system in favour of crime control

A
  • stop and search
  • juryless trial
  • double jeopardy - abolished
  • no automatic right to appeal in some cases
  • evidence of bad character
  • negative inference when suspect remains silent
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4
Q

cases that illustrate crime control model

A

colin stagg - ‘honey trap’ example of entrapment, enhanced police powers to get suspect
stephen lawrence - double jeopardy - tried again new and compelling evidence, protect community/victim

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5
Q

due process model/ obstacle course

A
  • presumes innocence of individual and that every person has a right to a fair trial,
  • police powers limited to prevent oppression
  • rights of accused instead of victime/ society.
    provide appropriate safeguards for accused i.e. PACE
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6
Q

theories that link due process model

A

labelling theory - someone is stamped with a label, they become it ‘self fulfilling prophecy’ .
- don’t want to oppress those who are labelled as ‘typical criminal’.
left realism - (1984) there should be minimal use of prisons (only when danger to community) and individuals must be marginalized.
- relative deprivation creates vulnerable communities and lead to criminal victimisation

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7
Q

rules governing working justice in favour of due process

A
  • right to remain silent
  • right to legal representation
  • right to trial by jury
  • right to know why you are being arrested
  • admissibility of evidence i.e. hearsay
  • prosecution duty to disclose info to defence
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8
Q

cases that illustrate due process model

A

sally clarke - guilty verdict due to expert testimony, but she was allowed to appeal first conviction.
- had been wrongfully convicted, was unsuccessful she killed herself.
stephen lawrence - police approach protected suspect more then victim, double jeopardy not allowed to be tried again
- unsuccessful guilty suspects let out.

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