1.3 Flashcards
What are the two models of criminal justice
The crime control model
The due process model
What are the 6 main aspects of the crime control model
1) the goal is to suppress crime- punish offenders to deter them
2) trusts police to find the guilty
3) police should be free from legal technicalities that prevent them from investigating crime
4) “conveyor belt system”- speedily prosecute the ‘probably guilty’
5) it’s worth finding few innocent people guilty to convict large amount of guilty
6) minimises rights of offenders
What are the 6 main aspects of the due process model
1) goal is to protect accused from oppression by the state
2) “innocent until proven guilty”
3) Less faith in police’s ability
4) “necessary obstacle course” that prosecutors must overcome to convict
5) guilty sometimes going free is worth not prosecuting innocent
6) Rights of accused and emphasised
How does crime control model link to right realism/ functionalism
Right realism- right wing approach to justice e.g. zero tolerance policing
Functionalism- punishment enforces society’s moral boundaries
How does the due process model link to labelling theory/ left realism
Labelling theory- makes police follow proper process- can’t label criminals
Left realism- argues police must follow lawful procedure
Give 3 example of rules favouring the due process model
1) suspect’s right to know they’re being arrested
2) the right to legal representation when being questioned
3) right to appeal against conviction/ sentence
Give 3 examples of rules favouring the crime control model
1) Police’s right to stop, question, search and arrest
2) Change in double jeopardy rule
3) Appeal rights not always automatic