AC1.3 Flashcards
(26 cards)
What are the two models of criminal justice?
Crime control and due process
Who were these two models created by?
Herbert Packer
What year did he create the models?
1968
What is the aim of the crime control model?
To suppress crime
What does the CC model prioritise?
Catching and punishing offenders
Deter and prevent from committing further crime
What does the CC model start from?
Presumptions of guilt and trust in police to identify guilty
What does the crime control model believe about the police?
They should be free from unnecessary legal technicalities that prevent them from investigating crime.
What does the CC model favour?
The conveyer belt/assembly line justice system (speeding up prosecution convictions and punishments)
What does the CC model argue?
If a few innocent people are convicted, price worth paying for convicting large no of guilty
What does the CC model emphasise?
The rights of soc and victims, not individual
What two theories link to the CC model?
Right realism and functionalism
How does the CC model link to right realism?
Right wing conservative approach
Zero tolerance police strategies: favours giving police greater power to investigate and prevent crime
How does the CC model link to functionalism?
Durkheim theory: punishment reinforces socs moral boundaries
Main function of Justice system is to punish guilty , enables soc to express moral outrage and strengthen social cohesion
What is the aim of the due process model?
Protect accused from oppression by the state and agencies such as police
What does the DP model start from?
Presumption of innocence (innocent until proven guilty)
What does the DP model have less faith in?
The police’s ability to conduct satisfactory investigations
What does the DP model say needs to be safeguarded and how?
Suspects and defendants rights
Set of due process rules e.g about arrest and questioning
What do the rules and procedures of the DP model create?
An obstacle course prosecutors must overcome to get a conviction
What does the DP model argue?
The guilty going free on technicality is lesser than convicting innocent
What does the DP model emphasise?
The rights of accused individual
What two theories link to the DP model?
Left realism and labelling
How does the DP model link to left realism?
LR: police must follow DP to fight crime effectively
Argues oppressive militaristic policing triggers confrontations and makes residents unwilling to assisst
How does the DP model link to Labelling theory?
Aims to stop state agencies from oppressing people (DP) such as certain groups they label as typical criminals.
DP model requires police to follow lawful procedures and not exceed powers (protection)
What are a few rules that favour due process?
Suspects right to know why they are being arrested
The right to legal representation when being questioned
The right to remain silent
