1.3-models of criminal justice

Question 1

describe 3 features of the due process model

Answer 1

• threat to ppls freedom=power of the state
  -goal:protect accused from oppression by state
  -less faith in the polices abiloity to do satisfactory investigations
  -set of due prcess rules acts as an obstacle course
• guilty soemtimes free, but lesser evil than convicting innocent
• protects rights of accused
  -presumes innocence

Question 2

describe 3 features of the crime control model

Answer 2

• crime=threat to ppls freedom
• goal:suppress crime
  -presumes guilt
  -trust police to identify probably guilty
  -should be free of legal technicalities
  -once identified, fvaours a conveyor belt of prosecution
• few innocent ppl convicted= a price worth paying
  -protects rights of society+victim

Question 3

how does right realism link to the crime control model?

Answer 3

they take a right wing conservative approach, e.g zero-tolerance policing strategies+favour police to have great power +suppress crime

Question 4

how does labelling theory link to left realism?

Answer 4

due process=liberal approach. aim: stop state agencies from oppressing ppl, link to labelling theory through police tempting to act illegally harassing groups labelled negatively. due process rules require police to act lawfully

Question 5

how do the due process rules govern the working of the justice system?

Answer 5

they protect the rights during investigation+trial e.g illegally obtained evidence

Question 6

how are the due process rules contradicted by the justice system?

Answer 6

judges have the power to admit illegally obtained evidence if they believe truth will be established

Question 7

name 3 rules favoring due process that the justice system uses

Answer 7

• right to remain silent one questioned
  -rules of admissibility of evidence
• right not to be re-tried for the same offence

Question 8

name 3 rules that the justice system uses favouring the crime control model

Answer 8

• change to double jeopardy allowing 2nd prosecution if new+compelling evidence
• police have right to stop,search,question,arrest without giving a reason in certain circumstances
• court drawing negative inferences if defendent remains silent when negative