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UNIT 4 CRIMINOLOGY > 01 Models Of Justice > Flashcards

01 Models Of Justice Flashcards

1
Q

Define the crime control model of justice.

A

A model that emphasizes the repression of crime as the most important function of the criminal justice system.

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2
Q

Why should police powers be expanded?

A

To facilitate easier arrest, search, seizure, and detention.

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3
Q

What should the accused be presumed?

A

Guilty.

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4
Q

What should happen to ‘legal technicalities’ in the crime control model?

A

They should be removed.

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5
Q

What should the criminal justice process resemble in the crime control model?

A

An assembly line or conveyor belt.

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6
Q

Give reasons why the accused should be presumed guilty.

A

To promote victims’ rights and ensure swift justice.

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7
Q

What should the criminal justice system concentrate on?

A

Repression of crime.

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8
Q

What does the crime control model of justice argue?

A

That the swift apprehension and punishment of offenders is essential for maintaining social order.

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9
Q

How does the crime control model of justice link to zero tolerance?

A

It advocates for strict enforcement of laws and immediate punishment for even minor offenses.

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10
Q

How does the crime control model of justice link to right realism?

A

Both emphasize practical solutions to crime and the importance of police authority.

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11
Q

How does the crime control model of justice link to functionalism?

A

It views crime as a threat to social order that must be managed to maintain societal stability.

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12
Q

What is the most important function of criminal justice according to the due process model?

A

To safeguard the rights of individuals.

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13
Q

What is the greatest threat to a free society according to the due process model?

A

The excessive power of the state.

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14
Q

What should happen to police powers in the due process model?

A

They should be limited.

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15
Q

What does the due process model focus on?

A

Protecting individual rights and ensuring fair treatment.

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16
Q

What does the due process model assert?

A

That every individual is innocent until proven guilty.

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17
Q

What should due process safeguard?

A

All rights of the accused.

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18
Q

What does the due process model of justice say about ‘legislative obstacles’?

A

They should be present in the justice process to ensure fairness.

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19
Q

Give examples of ‘legislative obstacles’.

A
  • Warrants
  • Legal representation
  • Right to appeal.
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20
Q

What does the due process model of justice argue?

A

That the rights of the accused are paramount, and safeguards must be in place to prevent wrongful convictions.

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21
Q

How does the due process model of justice link to left realism?

A

Both focus on social justice and the need to address the root causes of crime.

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22
Q

Explain how Colin Stagg can be linked to both crime control and due process models of justice.

A

His case illustrates the tension between swift justice and the protection of individual rights.

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23
Q

True or False: The crime control model favors the rights of victims over the rights of the accused.

A

True.

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24
Q

True or False: The due process model allows for the presumption of guilt.

A

False.

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25
Q

Fill in the blank: The crime control model promotes _______.

A

[victims’ rights].

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26
Q

Fill in the blank: The due process model emphasizes the _______ of the accused.

A

[presumption of innocence].

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27
Q

Define the crime control model of justice.

A

A model that prioritizes the repression of crime as the most important function of criminal justice.

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28
Q

Why should police powers be expanded in the crime control model?

A

To facilitate easy arrests, searches, seizures, and detentions.

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29
Q

What should the accused be presumed in the crime control model?

A

Guilty.

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30
Q

What should happen to ‘legal technicalities’ in the crime control model?

A

They should be removed.

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31
Q

What should the criminal justice process resemble in the crime control model?

A

An assembly line or conveyor belt.

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32
Q

Give reasons why the accused should be presumed guilty in the crime control model.

A

To promote victims’ rights and ensure swift justice.

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33
Q

What should the criminal justice system concentrate on according to the crime control model?

A

Repression of crime.

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34
Q

What does the crime control model of justice argue?

A

That swift justice is necessary and that victims’ rights should be prioritized.

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35
Q

How does the crime control model link to zero tolerance?

A

It advocates for strict enforcement and punishment for all offenses.

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36
Q

How does the crime control model link to right realism?

A

Both emphasize the importance of order and control in society.

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37
Q

How does the crime control model link to functionalism?

A

It views crime control as essential for maintaining social stability and order.

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38
Q

What is the most important function of criminal justice in the due process model?

A

Safeguarding defendants’ rights.

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39
Q

What is the greatest threat to a free society according to the due process model?

A

The state’s power.

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40
Q

What should happen to police powers in the due process model?

A

They should be limited.

41
Q

What does the due process model focus on?

A

Protecting the rights of the accused.

42
Q

What does the due process model assert?

A

That justice should not be sacrificed for efficiency.

43
Q

What should due process safeguard?

A

All rights of the individuals involved.

44
Q

What does the due process model of justice say about ‘legislative obstacles’?

A

They should be present to protect defendants’ rights.

45
Q

Give examples of ‘legislative obstacles’.

A

Legal requirements for warrants, evidentiary standards, and procedural safeguards.

46
Q

What does the due process model of justice argue?

A

That the innocent can be protected even if it means the guilty may go free.

47
Q

How does the due process model link to left realism?

A

Both emphasize social justice and the rights of marginalized individuals.

48
Q

Explain how Colin Stagg can be linked to both crime control and due process models of justice.

A

His case illustrates the tension between the need for swift justice and the protection of individual rights.

49
Q

How might Mr. Reding have used the crime control model of justice?

A

By prioritizing quick questioning of students and presuming guilt.

50
Q

How might Mr. Reding have used the due process model of justice?

A

By ensuring thorough investigations and respecting students’ rights.

51
Q

Which model is best: crime control or due process?

A

It depends on the context and specific circumstances.

52
Q

What actually happened in Mr. Reding’s case?

A

Students were questioned, but no evidence was found, leading to the purchase of a new phone.

53
Q

True or False: The crime control model prioritizes the rights of victims over the rights of the accused.

A

True.

54
Q

True or False: The due process model supports the idea of presumption of innocence.

A

True.

55
Q

Features of the crime control model include:

A
  • Repression of crime
  • Expanded police powers
  • Presumption of guilt
  • Removal of legal technicalities
  • Assembly line justice.
56
Q

Features of the due process model include:

A
  • Safeguarding defendants’ rights
  • Limiting police powers
  • Presumption of innocence
  • Legal obstacles in investigations.
57
Q

Theory of crime control is…

A

That crime must be controlled to maintain social order.

58
Q

Theory of due process is…

A

That all individuals are entitled to fair treatment under the law.

59
Q

Case study for crime control is…

A

Right realism.

60
Q

Case study for due process is…

A

Left realism.

61
Q

What is the primary function of the crime control model of criminal justice?

A

The repression of crime

The model emphasizes that order is necessary for a free society.

62
Q

What should happen if the police make an arrest according to the crime control model?

A

The accused should be presumed guilty

This is based on the reliability of police and prosecutor fact-finding.

63
Q

What is the stance of the crime control model on legal technicalities?

A

Legal technicalities that restrict the CJS should be eliminated

This aims to close loopholes that may allow acquittals.

64
Q

How does the crime control model view the process of criminal justice?

A

As an assembly line conveyor belt

Cases should move swiftly toward their disposition.

65
Q

What rights does the crime control model prioritize?

A

Victim’s and society’s rights

It places less emphasis on protecting defendant’s rights.

66
Q

What is the belief regarding innocent convictions in the crime control model?

A

Occasional wrongful convictions are a price worth paying

This is justified by the higher number of convictions achieved.

67
Q

Which policing strategy is linked to the crime control model?

A

Zero-tolerance policing

This strategy holds that no crime is acceptable.

68
Q

What does the theory of right realism advocate in relation to crime?

A

Punishment for an offence regardless of the reason

It aligns with the zero tolerance approach.

69
Q

What does the functionalist approach suggest about punishment?

A

Punishment reinforces society’s moral boundaries

It reminds society of acceptable and unacceptable behavior.

70
Q

What is the key focus of the due process model of criminal justice?

A

Providing fundamental fairness to suspects and defendants

It emphasizes the importance of protecting individual rights.

71
Q

What is considered the greatest threat to a free society in the due process model?

A

The state’s power

This model aims to limit police powers to prevent oppression.

72
Q

What principle does the due process model emphasize regarding the accused?

A

Presumption of innocence

It aims to protect the legal rights of the defendant.

73
Q

What type of investigation does the due process model require?

A

A thorough investigation

This includes legislative obstacles to protect the innocent.

74
Q

What happens to the guilty in the due process model due to legal technicalities?

A

They sometimes go free

This is considered better than convicting the innocent.

75
Q

Which approach to criminality is associated with the due process model?

A

Left realist approach

It focuses on inequalities in a capitalist society.

76
Q

Which case can be linked to both crime control and due process models?

A

The case of Colin Stagg

This case illustrates aspects of both models.

77
Q

What are the two models of criminal justice created by Herbert Packer?

A

Crime control and Due process

Herbert Packer, a Stanford University law professor, established these models to illustrate different approaches to justice.

78
Q

Define the crime control model of criminal justice.

A

A theory that emphasizes reducing crime through increased police and prosecutorial powers.

79
Q

Define the due process model of criminal justice.

A

A model that focuses on individual liberties and rights, concerned with limiting government powers.

80
Q

What is the primary goal of the crime control model?

A

Suppression of crime and punishment of offenders.

81
Q

What does the due process model prioritize?

A

The rights of the accused and the presumption of innocence.

82
Q

True or False: The crime control model starts from a presumption of innocence.

A

False

83
Q

What is the approach of the crime control model towards police investigations?

A

Trusts police to identify probably guilty individuals without unnecessary legal technicalities.

84
Q

What is the conveyor belt analogy in the context of the crime control model?

A

A system that emphasizes swift prosecution, conviction, and punishment of offenders.

85
Q

How does the crime control model view the occasional conviction of innocent people?

A

As a price worth paying for convicting a large number of guilty people.

86
Q

What is a key characteristic of the due process model regarding state power?

A

It sees the power of the state as the greatest threat to individual freedom.

87
Q

Fill in the blank: The due process model argues that the guilty can sometimes go free on a _______.

A

technicality

88
Q

What is the role of due process rules in the due process model?

A

To safeguard the rights of suspects and defendants during investigations and trials.

89
Q

Which criminological theory is associated with the crime control model?

A

Right Realism

90
Q

What is the relationship between functionalism and the crime control model?

A

Both emphasize boundary maintenance and societal moral reinforcement through punishment.

91
Q

Name a case study that exemplifies the crime control model in practice.

A

Colin Stagg, Guildford Four, Sally Clarke, Murder of Abdul Hafida

92
Q

What is zero-tolerance policing in the context of the crime control model?

A

Aggressive policing of all crimes, no matter how minor, to deter offenders.

93
Q

What is the due process model’s view on police investigations?

A

Less faith in police ability; emphasizes the need for procedural safeguards.

94
Q

How does the due process model view the rights of the accused?

A

Emphasizes protecting the accused’s rights over the rights of victims or society.

95
Q

Which criminological theory is linked to the due process model?

A

Left Realism

96
Q

Fill in the blank: Under the due process model, the accused is _______ until proven guilty.

A

innocent

97
Q

What does the due process model argue about the importance of technical rules?

A

They are necessary obstacles to ensure fair trials.

98
Q

Name a legislative framework that supports the rights of suspects in the UK.

A

PACE 1984

99
Q

What is the significance of disclosure of prosecution evidence in the due process model?

A

Ensures the defense can build a reasonable case.

UNIT 4 CRIMINOLOGY (2 decks)

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