Chapter 1 - Models of Justice Flashcards
What are the five models of criminal justice?
Crime control, welfare, justice, community change, restorative justice.
What is the main tenet of crime control?
The state and the courts have the responsibility and authority to restore and maintain social order.
On what side of the spectrum is crime control?
Extreme right, very conservative.
How is social order maintained from a crime control standpoint?
By punishing offenders.
Where does the crime control perspective believe crime comes from?
Free will - individuals choose to commit crimes.
What is the orientation of crime control?
Collective - the state has an obligation to repress crime through punishment, denunciation, and deterrence.
What is the criminal justice response according to the crime control perspective?
There is no need for legal safeguards, those who are innocent would be screened out by the process.
What analogy can be used to describe the crime control perspective on justice response?
It’s like an assembly line, process as many cases as quickly as possible - just get them through the system.
What side of the spectrum is the welfare perspective?
The left end. Liberal.
What is the main tenet of welfare crime perspective?
The treatment needs of the offender/victim’s families.
Where does the welfare perspective believe causes crime?
They take a deterministic view; crime is a function of social/psychological forces.
What is the orientation of the welfare perspective?
Individualistic; crime is just a manifestation of underlying issues for which the offenders need treatment.
What is the criminal justice response from the welfare perspective?
The state has an obligation to look beyond the criminal behaviour and to provide treatment/intervention to address underlying issues.
What are some examples of the welfare justice perspective?
Big brother/big sister programs, drug court.
Where does the justice model of justice lie on the spectrum?
Towards the right end of the continuum; it is a variation of crime control.
What does the justice model, much like the crime control model, seek to achieve?
Deterrence.
Where does the justice model differ from the crime control model? What does it do differently?
It recognizes that the system can make mistakes, and so it strives to make sure there is equality and fairness in the law.
What is the main tenet of the justice model?
The state has limited authority to intervene in individuals’ lives; the system’s actions must be based on consent as much as possible.
What does the justice model believe causes crime?
Free-will; individuals choose to commit crime and are, therefore, responsible for their actions.
How is the justice model oriented?
Individualistic - the state has a responsibility to repress crime but with the recognition that, due to errors, legal safeguards are necessary (e.g., due process).
What is the justice model’s response to crime?
Organized around an adversarial approach; the rights of the public and the accused must be protected.
If the crime-control model is analogous to an assembly line, the justice model is more of a what?
More of an obstacle course than an assembly line; this ensures that people go through due process and only the guilty are convicted.
Where on the spectrum does the community change model lie?
Towards the left end; close if not more left than the welfare model.
What does the community change model focus on?
What they consider the root causes of crime: such as social and economic inequalities.
