Describe Models of Criminal Justice (AC 1.3) Flashcards
(9 cards)
What are the two models of criminal justice?
- The Crime Control Model
- The Due Process Model
Describe the Crime Control Model
This model argues that crime is a major threat, and so it aims to suppress crime by prioritising catching and punishing offenders. It starts with the presumption of guilt and favours a conveyor belt of justice from there, speedily prosecuting and convicting offenders in order to punish them. It argues that the few innocents convicted are a price worth paying. It emphasises the rights of society and victims over the suspects.
Examples of areas of the law that support the CCM
- Double Jepordy Law (part of the criminal justice act 2003): second prosecution is allowed if new evidence is discovered for a serious offence
- Extended police detention is allowed for indictable offences, and even higher for terrorist offences (14 days)
- PACE Act 1984 highlights the police’s rights to stop and search as well as arrest.
What theory does the CCM link to?
Right realism, because this is a right-wing approach. As seen in policies like zero tolerance policing, which favours giving more power to police
Example of a case which used the CCM
Colin Stagg - despite the lack of evidence, the police were convinced he was the killer and used a honey trap (misuse of power) to get a quick confession
Describe the Due Process Model
This model believes the power of the state is the greatest threat to an individual’s freedom, so it aims to protect defendants from oppression with a focus on the suspect’s rights over the victims and society’s. This model starts with the presumption of innocence until proven guilty at a fair trial. It favours an obstacle course of justice for agents of the state, like police and prosecutors, meaning securing a conviction should be difficult. It has less faith in the police’s ability to conduct satisfactory investigations, so defendants need to be safeguarded with rights like the right to an attorney and the right to remain silent. Some may be freed on a technicality, but it argues that it is a lesser evil than convicting an innocent person.
Examples of areas of the law that support DPM
- The Human Rights ACT 1998: allows for criminal justice practices to be looked at from the perspective of human rights. All interviews much now be recorded and suspects have the right to legal aid and to remain silent.
What theories does the DPM link to?
Left realism, because this model is a liberal approach which aims to stop state agencies from oppressing people. The police may be tempted to harass groups of minorities they label as criminal, so this model offers some protection against this because it requires the police to follow lawful procedures.
Example of a case that used the DPM
Sión Jenkins was given the right to appeal an unsafe conviction, allowing a retrial after he was imprisoned for the murder of his foster daughter.
