1.3

Question 1

Describe the crime control model of criminal justice

Answer 1

• Main Focus: Strict and rapid punishment to deter crime and maintain social order.
  Philosophy: “Assembly-line justice” – swift, efficient processing of cases.
• Goal: Repression of crime is the highest priority; order is essential for a free society.
• Police Powers: Should be expanded—easier arrest, search, seizure, and conviction.
• Presumption of Guilt: Once police arrest and prosecutors (or CPS) charge, the accused is presumed guilty due to high trust in their fact-finding.
• Legal Technicalities: Should be eliminated if they hinder police work.
• Defendants’ Rights: Less emphasis—priority is on victims’ and society’s rights.
• Innocents Convicted: Occasional wrongful convictions are an acceptable cost for overall crime control.

Links to Theories:

Zero-Tolerance: No crime is acceptable; every offense punished.

Right Realism: Emphasizes punishment regardless of motives.

Functionalism: Punishment enforces moral boundaries, expresses societal outrage, and strengthens social cohesion.

Question 2

Describe the due process model of criminal justice

Answer 2

• Main Focus: Fundamental fairness and due process—protecting individual rights against state power.
• Philosophy: The greatest threat to a free society is abuse of state power, not crime.
• Defendants’ Rights: Priority is on protecting the accused, not the victim.
• Police Powers: Should be limited to avoid oppression and abuse.
  Presumption of Innocence: Core principle—innocent until proven guilty.
• Fairness Over Efficiency: Justice requires thorough investigation and strong safeguards for the accused.
• Procedural Protections: Includes rules on arrest, questioning, legal representation, and evidence handling.
• Wrongful Convictions: Avoiding them is more important than ensuring every guilty person is convicted.
• “Technicalities” that free the guilty are acceptable if they protect the innocent.

Links to Theories:

Left Realism: Focus on social inequality and the impact of capitalism.
Advocates for a more equal, supportive society to reduce crime in the long term.