Models Flashcards
(8 cards)
Due Process Model-Weaknesses
-too leniant when considering more serious crimes (murder)
-possibility of releasing an offender
Crime Control Model-Weaknesses
-Possibility of a miscarriage of justice (eg- Colin Stagg entrapment & Sally Clarke)
-Not focused on the root cause
-Not focused on rehabilitation
Due Process Model
-Focussed on the accused
-Presumption of innocence until proven guilty
-Police powers should be limited
-Everyone has the right to a fair trial (link to the right to a fair trial and the right to a legal representative)
Crime Control Model
-Focussed on the victim
-Pro-police powers
-Prioritises punishment in order to deter poeple
-Guilt is implied to protect society (link to the abolishment of the double jeopardy law, making it more easy for the suspect to be proven guilty-main aim)
Due Process Model-Theories
-Interactionists–> Not assuming the accused is guilty prevents a label, and therefore SFP
-Left Realists–> Less marginalisation of criminals being from the WC & there should only be a use of prisons when there is a threat to the community
Crime Control Model-Theories
-Functionalists–> Crime creates:
*Boundary maintenance- Knowing right/wrong
*Warning light- Can see crime rates increase
*Social change- Can enforce laws, eg: Alan Turing and homosexuality
-Right Realists–> Rational choice and zero tolerance policing to deter people from rational choice, and therefore less crime
Who created the models?
Packer
Who says balance is needed between the two models?
Smith