Unit 1.3: Describe models of Criminal Justice.

Question 1

What are the 2 Models of Crime?

Answer 1

• The Crime control model.
• The Due Process model.

Question 2

Who came up with this theory?

Answer 2

• Herbert Packer (1968).

Question 3

What is the Crime Control Model?

Answer 3

• The aim of this model is to supress crime and contain any threats to the freedom of people in society.
• This model emphasises the rights of both society and the victims of crime rather than those who broke the law.
• Often described as a conveyer belt as they find offenders, gather evidence, send them to court then lock them up.
• There is an acknowledgement of wrongful convictions, however they are minimal and people who follow this model believe that it is the small price to pay to supress crime.

Question 4

What is the Due Process Model?

Answer 4

• This model believes everyone is innocent till found guilty,
• They appreciate that there are times when people make mistakes or are incompetent when collecting evidence.
• Therefore under this model a suspects rights are safeguarded and there are rules in place at all stages of the system.
• Some people are freed on a technicality but this is seen as a small price to pay to avoid the prosecution of innocent people.

Question 5

What 2 Sociological theories link to the Crime Control Model?

Answer 5

• Right Realism- It favours the police having more powers and a zero-tolerance attitude towards criminal behaviour.
• Functionalism- Links to Durkheim, emphasises the role of punishment in reinforcing moral boundaries within society. Justice allows society to express moral outrage and be satisfied with retribution.

Question 6

What 2 Sociological theories link to the Due Process Model?

Answer 6

• Left Realism- The DPM requires the co-operation of communities, it emphasises acting in a non discriminatory way and avoid oppression of groups and areas.
• Labelling theory- Aims to stop the oppression of anyone who is labelled as a suspect or criminal. By avoiding labelling suspects or offenders, it deters agencies such as the police from targeting people or seeing groups as ‘typical’ offenders.

Question 7

How do these Models work together within the Justice System?

Answer 7

There are different ‘Governing rules’ that can favour the Due Process Model and Crime Control Model. Such as:
- It isn’t possible to submit evidence that has been obtained illegally- this is to protect the rights of the suspect (DPM) however, a Judge can allow such evidence to be submitted if it helps to establish the truth (CCM).
- Suspects have a right to legal representation when they are being questioned by the police or in court (DPM).
- Character witnesses that are unfavourable and previous convictions of a suspect can be allowed in some courts (CCM).
- If there is evidence to use in a trial, it must be submitted before the trial (DPM).
- Police have the powers to sto0p and such someone under reasonable suspicion- PACE Act 1984 (CCM).
- Suspects have a legal right to know why they are being stopped, searched or arrested (DPM).
- Suspects have a right to a fair trial , with a Jury of their own peers (DPM).

Question 8

What case fits?

Answer 8

The Birmingham Six:
- They were a group pf 6 Irishmen who were all sentenced to life imprisonment in 1975.
-On November 21st 1974, two IRA’s went off in two of Birmingham’s pubs.
- 21 People were killed whilst 100s were injured.
- The authorities rushed to arrest the people responsible for the IRA’s which resulted in the Birmingham Six being arrested and interrogated which resulted in 4 of them signing confessions.
- The IRA claimed responsibility for this happening and declared the Irishmen weren’t involved. However, despite this a trial went forward and claims about confessions being beaten out of them were ignored.
- Forensic evidence was used to suggest that they handled the bombs leading to their imprisonment.
- However in 1985, DNA evidence was re-evaluated and found to be unreliable.
- In 1991, the Six were released.