1.3

Question 1

describe the main features of the due process model

Answer 1

• criminal justice should focus on defendants’ rights, not victims.
• links to theory of Left realism with a focus on inequalities created by a capitalist society. A more equal society would eventually eliminate crime.
• aims to minimise police powers to prevent official oppression of individual.
• emphasises the presumption of innocence (until proven guilty) which is necessary to produce fairness.
• Allows all legal rights to provide against a wrongful conviction
• justice should involve a thorough investigation where there is protection of the innocent by legislative obstacles to overcome before a conviction can occur.
• e.g. police and criminal evidence act (1984) - right to remain silent, right to appeal, right to legal representation.

Question 2

describe the main features of the crime control model

Answer 2

• repression of crime = most important function of criminal justice because order is a necessary condition for a free society.
• promotes victims rights rather than on protecting defendants rights (restricts legal rights)
• Aims to maximise police powers to make it easier to arrest, search and convict.
• links to theory of right realism where get adopt a zero-tolerance policy where no crimes are tolerated and harsh sentences are favoured.
• criminal justice should operate like a conveyor belt, moving cases swiftly towards their disposition (speed is of the essence)
• if police make an arrest and a prosecute files criminal charges, the accused should be presumed guilty as the fact-finding of the police and prosecution is highly reliable.

Question 3

what’s a case that links to the due process model?

Answer 3

collin stagg - was eventually exonerated and given compensation, shows appropriate safeguards for wrongly accused

Question 4

what’s a case that links to the crime control model?

Answer 4

Colin stagg:
police presumed he was guilty, and tried to prove through entrapment (police have a lot of power)