Topic 2: Models of Criminal Justice

Question 1

What are the two models of Criminal Justice?

Answer 1

Crime Control model

Due Process model

Question 2

What does the crime control model believe about crime?

Answer 2

That it is a threat to people’s freedom

Question 3

Outline crime control model aims of crime

Answer 3

The goal is suppression of crime, it prioritises catching and punishing offenders and stop them from committing further crimes.

Question 4

Which model starts with the presumption of guilt?

Answer 4

Crime control model

Question 5

According to the crime control model, how should the police behave?

Answer 5

They should be free from unneccssary legal technicalities that prevent them from investigating crime.

Question 6

Which policy does the crime control model follow?

Answer 6

Zero tolerance

Question 7

Who does the crime control model priorities in relation to crime?

Answer 7

The victim and the wider society rather than the suspect.

Question 8

Describe the ‘conveyor belt’ system

Answer 8

Once the suspect is ‘probably guilty’- speedily prosecutes, convicts and punishes them.

Question 9

What does the crime control model believe about punishing the innocent?

Answer 9

‘If a few innocent people are convicted by mistake, this is a price worth paying if a large number of the guilty are punished’

Question 10

State 3 practical examples that illustrate the crime control model

Answer 10

Partial abolishment of the double jeopardy law under the Criminal Justice Act 2003
No automatic appeals in crown court cases
Extended pre-charge detention time for terrorist offences in Terrorist Act 2006

Question 11

Give a case study that illustrates the crime control model and why

Answer 11

Colin Stagg & The Murder of Rachel Nickell:

• Presumption of guilt
• Used unneccssary legal technicalities (honeytrap)
• Securing a conviction at any cost
• Case to be solved as quickly as possible

Question 12

What does the due process model believe about crime?

Answer 12

That the power of the state is the greatest threat to the individual’s freedom

Question 13

Outline due process model aims of crime

Answer 13

To protect the accused from oppression by the state, including police, prosecutors and judges and protect the defendants legal rights.

Question 14

Which model starts with the presumption of innocence? (innocent until proven guilty)

Answer 14

Due process

Question 15

How does the due process model view the police?

Answer 15

They have less faith in the police’s ability to to conduct satisfactory investigations and things like dishonesty, incompetence etc. means suspects need to be safeguarded by due process rules to avoid a wrongful conviction.

Question 16

Describe the ‘obstacle course’ system

Answer 16

The rules and procedures protecting rights creates obstacles that prosecutors must overcome to secure a conviction.

Question 17

What does the due process model believe about the guilty going free?

Answer 17

That they sometimes go free on a technicality due to issues with the police’s investigation, e.g. disclosure failures, and this is seen as a lesser evil than convicting an innocent person.

Question 18

Who does the due process model priorities in relation to crime?

Answer 18

The rights of the accused individual rather than the victim or society

Question 19

What does the due process model believe will eliminate crime?

Answer 19

A more equal and caring society would eventually eliminate crime.

Question 20

State 3 practical examples that illustrate the due process model

Answer 20

Police procedural safeguards introduced in the Police and Criminal Evidence Act (PACE) 1984
Disclosure rules
All suspects rights: remain silent, legal representation, knowing why you’ve been arrested, interviews recorded

Question 21

Give a case study that illustrates the due process model and why

Answer 21

Murder of Stephen Lawrence:

• Labour government launched an enquiry into the investigation of his death
• Evidence was also heard in this inquest from 88 witnesses, with 100,000 pages of statements and documents.

Question 22

State 3 limitations with crime control model

Answer 22

• Too eager to convict- can cause unsafe/unjust verdicts and miscarriages of justice.
• Can lead to over-policing of certain communities, e.g. increase in stop and searches, mass incarceration in the US.
• Can lead to certain deviant behaviours becoming criminalised, e.g. treating drug issues as a crime issue as opposed to a health issue.

Question 23

State 2 examples of wrongful convictions and miscarriages of justice as a limitation with due process model

Answer 23

Colin Stagg:
-Attempted entrapment
-No evidence, yet police were convinced of his guilt
Sally Clark:
-Home Office pathologist failed to disclose relevant information

Question 24

Which approach to justice does crime control take?

Answer 24

A conservative approach

Question 25

How does functionalism (Durkheim) as a sociological theory apply to crime control model? (4 points)

Answer 25

- Functionalists believe punishment reinforces society's moral boundaries - As the main focus of justice is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion - Supports harsh, visible punishments - Seeks to explain crime by looking at the nature of society

Question 26

How does right realism as a sociological theory apply to crime control model? (4 points)

Answer 26

- Supports zero-tolerance policing strategies as it will deter criminals. - Favours giving the police greater powers to investigate and suppress crime. - Believes that individuals commit crime through rational choice and that when someone commits a crime, they are entirely at fault, regardless of their circumstances. - Charles Murray (1980) argued that changes to family structure was responsible for the increase in crime rate.

Question 27

Which approach to justice does due process take?

Answer 27

A liberal approach

Question 28

How does labelling theory as a sociological theory apply to due process model? (3 points)

Answer 28

- Believes police may be tempted to act illegally and harass groups due to typifications (being influenced by stereotypes). - Offers some protection for individuals as it requires police to follow lawful procedures. - Police must follow due process by acting lawfully and non-descriminatory.

Question 29

How does left realism as a sociological theory apply to due process model? (4 points)

Answer 29

- Believes crime is caused by marginalisation, relative deprivation and subcultures. - Prefers a softer approach to crime, prioritising rights of individuals and doesn't overly criminalise social issues. - Critical of oppressive 'militaristic policing' of poor areas- leads people to be unwilling to help the police and triggers confrontation.