AC1.3 - models of criminal justice Flashcards
(20 cards)
what are the 2 models of justice?
crime control
due process
who created the models
Herbert Packer
when were the 2 models of justice created
1968
what is the main aspect of the crime control model of justice
it seeks convictions and the promotion of crime reduction
what are other key points towards the crime control model
- aims for an increase in policing powers
- promotes quick and efficient justice
- works on the presumption that the accused is guilty
- believe that a few innocent people being locked up is the price worth paying to be able to lock up all guilty.
why is the crime control model compared to a conveyor belt
the idea that the justice process is quick and efficient.
what case shows that the crime control model is active in society
Barry George
how and why does the Barry George case link to the crime control model
it show that it is used by the police.
- Barry was convicted for the murder of BBC presenter Jill who was shot.
- there was gunshot residue found on his coat however he stated that this was transferred onto him from the armed officers who arrested him.
** the police lied to the public about his obsessions and they failed to take into account his learning difficulties.
- this shows how they pushed for a faster conviction.
what is the main focus of the due process model of justice
the presumption of innocence and the necessity to produce fairness.
- it is most important to protect the defendants rights.
what are the key points towards the due process model
- proposes that the polices power should be limited to prevent official oppression
- the rights of individuals should prevent wrongful conviction
- less faith in the polices ability to conduct satisfactory investigations
what 2 theories relate to the crime control model
right realism
functionalism
how does right realism relate to the crime control model
it links to the zero tolerance approach policing strategies as it favours giving the police more powers to supress crime
how does Durkheim’s functionalism theory link to the crime control model
they believe that punishment reinforces societies moral boundaries .
pushing to punish the guilty means that society can express moral outrage and strengthen social cohesion
what is due process also known as
the liberal approach
what 2 theories link to the due process model
the labelling theory
left realism
how does the labelling theory link to the due process model
police may be tempted to harass groups or individuals who have been labelled as the typical criminal
how does left realism link to the due process model
they believe that if the police follow the crime control model they will be oppressive and make the public be unwilling to co operate
- following due process will be more effective in fighting crime.
what case shows the due process model being used
Garry Weddel
summarise the Garry Weddel case
-he was a chief inspector accused of murdering his wife in 2007
- he was granted bail while waiting for his trial
-while on bail he went on to kill again
how does the Garry Weddel case criticize the due process model
he was presumed innocent until proven guilty, so he was eligible for bail. this lead to another murder
* relates in the same way to right to bail and fair treatment
