AC1.3 Describe models of criminal justice Flashcards
(18 cards)
Who established the models of criminal justice?
Herbert Packer
What is the Crime Control models main idea?
To catch and punish offenders, deterring and preventing further crime to protect people’s freedom.
What is the starting presumption in the Crime Control model?
Presumption of guilt.
What level of trust is given to the police in the Crime Control model?
Lots of trust is given to police to investigate where they see fit so police should be free from unnecessary legal technicalities.
What type of system does the Crime Control model favour?
It favours a conveyor belt justice system that speedily prosecutes, convicts and punishes offenders.
What does the Crime Control model argue?
It argues if a few innocent people are convicted by mistake, it is worth it to convict a large number of guilty people.
What does the Crime Control model emphasise?
The Crime Control model emphasises the rights of society and victims, rather than the rights of suspects.
What is a real-life example of the Crime Control model?
The London riots in 2011 where the priority was quick arrests and harsh sentences.
Theory attached to the Crime Control model. R
Right realism where there is a right-wing, conservative approach to justice. e.g. zero tolerance policing strategy giving police more power.
Theory attached to the Crime Control model. F
Functionalism. If people are punished it deters others from committing the same crime, reinforcing society’s moral boundaries.
What is the Due Process models main idea?
To protect the accused from the state and its agents as it threatens an individual’s freedom.
What is the presumption in the Due Process model?
Presumption of innocence.
What level of trust is given to the police in the Due Process model?
Little trust is given so due process rules are seen as necessary to act as obstacles that prosecutors have to overcome to achieve a secure conviction.
What does the Due Process model argue?
It argues if a few people go free it is a lesser evil than convicting the innocent.
What does the Due Process model emphasise?
The Due Process model emphasises rights of the accused individual, rather than those of the victim or society.
What is a real-life example of the Due Process model?
An example where it was not followed was in the Birmingham Six where 6 men were wrongly convicted by police fabricated evidence. This suggests more regulations are needed to avoid this.
Theory attached to the Due Process model. La
Labelling theory. Police may act on people negatively labelled as ‘typical criminals’. The due process model offers protection against this because police won’t be able to abuse their power.
Theory attached to the Due Process model. Le
Left Realism. ‘militaristic policing’ makes residents unwilling to assist the police. The model would help fight crime effectively.
