1.3 models of criminal justice Flashcards
what are the two models of the criminal justice system?
-crime control model
-due process model
describe the crime control model
-focuses on the suppression of crime
-prioritises catching/punishing/deterring (prevent further crime)
-they trust the police (gives them power)
-believes police should be free of legal technicalities (warrants/ how long suspects can be held)
-presumed guilty until proven otherwise
-follow the conveyor belt (prosecute/punish quickly).
-This means that a few innocent people will be wrongfully convicted (price worth paying for)
-victims focused
what theories link to the crime control model?
Functionalism (Durkheim)
-crime serves as a purpose in a stable society
-reinforces boundaries/ strengthens social cohesion
Right Realism
-gives greater power to police
-focus on the punishment/deterrence of crime
give 3 examples of rules favoring the crime control model
1)The polices’ right to stop, question, search and arrest. The right to stop and search without giving evidence in some circumstances
2)The court may draw negative inferences (conclusions) if the defendant remains silent when questioned by police or fails to testify in court without good reason
3)Extended police detention is allowed for questioning on suspicion of indictable offences (36 + 96 hours) and terrorist offences (14 days)
4)Extended period before lawyer is allowed (for serious offences).
-Restrictions on the availability of legal aid
5)Jury trials are only for serious cases, magistrates are more likely to convict than juries
-Juryless trials are allowed if jury tampering is suspected
6)Appeal rights are not always automatic. Some are only allowed on a point of law, not of evidence
7)Change to the double jeopardy rule allows a second prosecution if ‘new and compelling’ evidence emerges (for serious offences only)
8)Evidence of bad character/previous convictions is permitted in certain circumstances
9)Public interest immunity certificates may allow the prosecution to avoid disclosing evidence
describe the due process model
-protect the accused fro the oppression of crime by state and its agents
-has less faith in the police’s ability (incompetent/dishonest-typification)
-presumed innocent until proven guilty
-believe that the defendants rights need to be safeguarded
-follow the obstacle course approach. this means that there are rules and procedures that protect their rights (warrants/legal aid)
-this does however mean that guilty may go free on ‘technicality’
what theories does the due process model link to?
Left Realism:
-focuses on the cause of crime (poverty)
-police must follow lawful procedures (community will be cooperative
-argues that oppressive ‘militaristic policing’ of poorer areas triggers confrontations (residents will be uncooperative)
Labelling:
-police may be tempted to act illegally due to their typifications against others
give 3 examples favouring the due process model
1)The suspect’s right to know why they are being arrested
2)The right to remain silent when questioned by the police and in court – based on the assumption that it is the prosecution’s job to prove guilt, not the accused’s job to prove their innocence
3)The right not to be detained indefinitely without charge.
4)The right to legal representation when questioned by police and in court
5)The right to a trial by a jury of one’s peers
6)The right to appeal against conviction or sentence
7)The right not to be re-tried for the same offence once acquitted
8)Rules governing the admissibility of evidence in court, e.g. hearsay, entrapment and forced confessions are not admitted
9)The prosecution has a duty to disclose evidence against the defendant in advance of the trial
Collin Stagg
-accused of murdering Rachel Nickell
-wrongfully convicted
-no evidence against him but police were convinced he was the offender
-victim of the crime control model
-police used the ‘honeytrap’ to trick him into confession
Sally Clark
wrongfully convicted of the murder of her two infant children
-important evidence was failed to have been disclosed to the defence lawyer by prosecution witnesses.
The Birmingham six
-they were wrongfully convctived of 21 murders
-police fabricated evidence
-they used violence, deprived them of food/sleep to get information from them
-the courts deemed these admissable and excluded defence evidence
the case of Bingham justices
defendants evidence contradicted the police officers
-the magistrates said their principle in these situations was to believe the police (bias magistrates)
West Midland Serious Crime Squad
they are responsible for investigating over 100 criminal cases (Birmingham 6)
-involved malpractice (fabricated confessions/ use violence)
