Unit 4 1.3 Flashcards
Crime control model- what is it and what is the key focus
-It seeks a quick and efficient disposal of criminal cases similar to an assembly line or conveyor belt.
-This model is focused on efficiency in preventing and controlling crime
- its primary goal is to reduce crime quickly by punishing offenders, stop them from committing further crime and ensuring the safety of society
- it prioritizes catching and convicting offenders with speed and minimal legal obstacles
- the focus of protecting rights falls on the rights of the victims rather than the defendants and it would include the assertion that police should have enhanced powers to ensure a conviction is achieved
Key charactertics of crime control model
-Public Safety Priority: Focuses on protecting society by controlling crime.
-Efficiency & Speed: streamlined system where cases are processed quickly and offenders are dealt with swiftly to prevent future crimes
-Assumption of Guilt: operates the idea that if the police has arrested someone they are likely guilty
-Fewer Defendant Safeguards: the rights of individuals accused of crimes are less of a concern compared to societies need for protection, there’s a reduced focus on technicalities or legal process’s that may slowdown the system.
Real world example of the crime control model
Please bargaining- this is where the defendant agrees to plead guilty to a lesser charge to avoid a trial therefore speeding up the justice process and reduces the number of cases that go to trial
Examples of areas of law that support the crime control model
• Three strikes laws: Laws that impose harsher penalties for repeat offenders to deter crime.
• Public safety laws: Laws that prioritize public safety and quick resolution of criminal cases, often limiting defendants’ rights to speed up the process.
• Anti-terrorism laws: Legislation that grants broader police powers to combat terrorism, sometimes at the expense of individual freedoms.
Examples of cases investigated using the crime control model
Colin stagg, Barry George
The key focus in all of these cases is on securing a conviction at any cost. The victims murder provoked stong public reaction and demand for the case to be solved as quickly as possible. In all of these cases the police felt sure that the suspect was guilty and used all measure available including undercover police surveillance to produce evidence of guilt
Criticisms of the crime control model
- it can risk wrongful convictions because it prioritized speed and efficiency over ensuring the accused full legal rights are protected
Due process model- what is it and what is the key focus
. The due process model prioritizes fairness and the presumption of innocence, protecting defendants’ legal rights. It limits police power to prevent abuse and focuses on thorough investigation and legal safeguards to avoid wrongful convictions.
What theory does the crime control model relate too
It can link to the zero tolerance approach found in right realism. It’s a formal crime control prevention policy created by the government. The police are clamping down on crime no matter how trivial it is it’s always punitive. It started in New York due to the high levels of use of cocaine and antisocial and violent behaviours which needed to come to an end.
It doesn’t address the causes of crime not that can be deterred through detection and conviction.
What theory does the due process model relate too
The due process model relates to the Left Realism approach to criminality. It emphasizes the need to address the inequalities created by a capitalist society, which are seen as root causes of crime. Left Realists argue that creating a more equal and caring society—with fairness, social support, and community involvement—would help reduce and eventually eliminate crime. The due process model supports this by focusing on justice, fairness, and protecting individual rights, especially for disadvantaged groups.
Key characteristics of the due process model
-Protection of individual rights: Ensures defendants are protected from unfair treatment by law enforcement and courts, guaranteeing a fair trial to prevent wrongful convictions.
-Presumption of innocence: Operates on the principle that the accused is innocent until proven guilty, with the prosecution needing to prove guilt beyond a reasonable doubt.
-Focus on legal processes: Emphasizes thorough legal procedures, even if it means longer case durations.
Real world example of the due process model
The right to a fair trial- under this model every individual is guaranteed the right to a fair and impartial trial including the right to legal representation, the right to remain silent and the right to appeal
Examples of areas of law that support the due process model
-The acknowledgement of the need for police procedural safeguards by the introduction of the police and criminal evidence act 1984
- all interviews are now recorded and suspects have the right to legal representation
- all human rights act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights perspective
Examples of cases investigated using the due process model
Sion Jenkins, Garry Weddell, Thompson v. UK and venables v. UK
The above cases are examples of where the defendant has been given their statutory legal rights. For instance that of the right to appeal against a conviction thus allowing a retrial (sion jenkins). Or the exercise of the presumption of bail even to a charge of murder, prior to conviction (garry) also to ensure a trial was fair the use of human rights using the European conventions on human rights (ECHR) (thompson and venables- the killers of James bulger)
Criticisms of the due process model
Being too slow and for allowing criminals to potentially escape justice due to legal technicalities. The focus on protecting rights can sometimes result in delays in punishing offenders.
Key differences between the 2 models
- Crime control focuses on speed and efficiency in the criminal justice process whereas the due process model focuses on fairness and individual rights even if it slows the process.
-The crime control model assumes that if someone is arrested they are likely guilty whereas the due process model assumes everyone is innocent until proven guilty.
-The crime control model are less concerned with legal technicalities or individual rights whereas the due process model are more concerned with following legal procedures and protecting rights.
-The crime control model aims to prevent crime quickly processing and punishing offenders whereas the due process model aims to ensure that justice is served fairly and no one is wrongly convicted. - the crime control model risk of wrongful convictions due to prioritizing efficiently over fairness whereas the due process model risk of criminals avoiding punishment due to legal loopholes or slow processses
How do the 2 models affect the criminal justice system
- Impact on law enforcement
- in a system leaning more towards the crime control model the police might have more power to make arrests quickly with fewer restrictions but in a due process model system the police must follow strict procedures to ensure they do not violate an indivividuals rights which can slow down the process of arrest and conviction. - Impact on courts
- courts operating under the crime control model would focus on processing cases quickly and might rely heavily on plea bargains to avoid lengthy trials but under the due process model courts would be more focused ensuring a fair trial allowing the accusing ample opportunity to defend themselves which could lead to longer and more complex cases - Impact on punishment
- the crime control model might advocate for harsher punishments and quick sentencing to deter future crimes but the due process model ensures punishment are fair and proportionate only given when guilt has been proven beyond doubt.
Describe one way in which the crime control model differs from the due process model
The crime control model prioritizes the repression of criminal activity over individual rights, aiming for efficiency and swift justice. In contract the due process model prioritizes protecting individual rights even if that means slower proceedings.
Describe how the due process model ensures fairness in the criminal justice system
The due process model ensures fairness by focusing on the protection of individual rights throughout the criminal justice process. It emphasizes the presumption of the innocence meaning that a person is innocent until proven guilty. It also ensures that every suspect receives a fair trial with thorough examination of evidence and proper legal representation reducing the risk of wrongful convictions.
Describe one advantage and one disadvantage of the due process model in relation to preventing wrongful convictions
+- the due process models focus on thorough examination of evidence helps prevent wrongful convictions. By requiring legal scrutiny at every stage it ensures that suspects are convicted only when sufficient and reliable evidence is presented
— a key disadvantage is the length of time cases take, as the insistence on fairness and complete investigations can delay the justice process leaving victims and society without swift resolutions
