1.3- describe models of criminal justice Flashcards
The crime control method
Crime is a threat to peoples freedom and the goal is the suppression of crime, prioritizing catching and punishing offenders, deterring and preventing them from committing further crime. Argues that if few innocent people are occasionally convicted this is a price worth paying for convicting a large number of guilty people. Emphasizes rights of society and victims.
Presumption of guilt
Crime control method
A conveyor belt system that speedily prosecutes, convicts and punishes them
Crime control method
The due process model
The power of the state is the greatest threat to the individuals freedom, the goal is to protect the accused from oppression by the state and its agents (police, prosecutors and judges). It has less faith in the polices ability to conduct satisfactory investigations. It monitors rules that agencies should follow about arrest, questioning, legal representation, admissibility and disclosure of evidence, cross-examination of witnesses, no secret trials etc. The guilty sometimes go free on a technicality, the model argues this is a lesser evil than convicting the innocent. Emphasizes rights of the accused.
Presumption of innocence
Due process model
Obstacle course
Due process model
The crime control model and theories
It links to right realism because it is a right-wing conservative approach to justice. Similar to 0 tolerance policing strategies it favors giving the police greater powers to investigate and suppress crime. It links to functionalism by Durkheim’s functionalist theory that punishment reinforces society’s moral boundaries, as the main function of justice is to punish the guilty this enables society to express its moral outrage and strengthen social cohesion/
The due process model and theory
It links with labelling theory as it is a liberal approach, it aims to stop agencies like the police from oppressing people, this is because police may be tempted to act illegally, harassing groups that they label negatively as ‘typical criminals’ the due process model offers protection against agencies exceeding their powers. It links with left realism because it argues oppressive ‘militaristic policing’ of poor areas triggers confrontations and makes residents unwilling to assist the police, in this view police must follow due process if they want to fight crime effectively.
Examples of rules favoring due process model
The suspects right to know why they are being arrested, the right to remain silent when questioned, the right not to be detained indefinitely without charge, the right to legal representation when questioned and in court, the right to trial by a jury of ones peers, the right to appeal against conviction or sentence, the right not to be re-tried for the same offence once acquitted, rules governing admissibility of evidence and prosecution has right to disclose evidence against in advance of the trial.
Examples or rules favoring crime control
Polices right to stop, question, search and arrest without giving reason in some circumstances, the court may draw negative inferences if the defendant remains silent when questioned or fails to testify in court without good reason, extended police detention is allowed for questioning on suspicion of indictable offences and terrorist offenses, extended period before access to a lawyer is allowed, jury trials are only for serious cases, juryless trials are allowed if jury tampering is suspected, appeal rights are not always automatic, change to double jeopardy rule if new and compelling evidence comes to light, evidence of bad character is allowed.
Miscarriages of justice and cases
These cases point to the fact that in practice the justice system does not always operate according to the principles of the due process model, these include cases like Colin Stagg (victim of ‘honey trap’ following the murder of Rachel Nickell), Sally Clark (was wrongly jailed for the murder of her 2 baby sons as a result of pathologist and prosecution witness failing to disclose evidence) and the West Midlands serious crime squad (was responsible for over 100 criminal cases involving malpractice by its officers, including perjury, assaulting prisoners, fabricating confessions and planting incriminating evidence on suspects).
