1.3 - Describe models of criminal justice Flashcards
Crime control model
Emphasises the control of criminal behaviour (prioritising efficiency and protecting society)
Aim = suppress crime, catch/ punish offenders, deter future crime
Presumption of guilt = trusts the police to identify probable guilt through interrogation
Police should be free from unnecessary legal obstacles that prevent investigation
If a few innocent people are occasionally convicted by mistake, it’s worth it to convict large number of guilty people
Due process model
Focuses on the rights of the accused, ensuring fair treatment and justice is done
Aim = protect accused from oppression by gov and its agents (police, CPS)
Innocent until proven guilty after a fair trial
Less faith in police ability to conduct satisfactory investigations
Rules and procedures protecting the accused’s rights from necessary legal obstacles for the CPS to overcome
Emphasises rights of the accused rather than victim or society
Theories for crime control model
Right realism = crime control is a right wing/ conservative approach, example of zero tolerance policing strategies which favour police powers and suppress crime
Functionalism = crime control links to Durkheim that punishment reinforces society’s moral boundaries, main function of justice is to punish the guilty which allows society to express moral outrage/ strengthen social cohesion
Theories for due process model
Left realism = this theory argues oppressive militaristic policing of poor areas triggers confrontation so public unwilling to assist police, believe police must follow due process by acting lawfully if they wish to be effective as it depends on community co-operation
Labelling theory = due process aims to stop police oppressing people, police may be tempted to act illegally and harass groups labelled as typical criminals, model offers protections against this as requires police to not exceed power
Case studies application
Central park 5 = in original trial the police used unlawful methods to investigate (crime control), retrial focussed on due process
Gideon v Wainwright - didn’t give defendant an attorney so he had to represent himself
Stop and frisk - controversial police tactic by searching suspects with no evidence, target ethnic minorities and abuse civil rights (police brutality)
