1.3- models of criminal justice Flashcards
who developed the 2 key models
Herbert Packer in 1968
what is the purpose of the crime control model
“conveyor belt”- to efficently and effectively supress crime, which prioritises public safety and societal order
what are the key principles of the crime control model
-crime reduction
-presumption of guilt
-efficiency
-deterrence and incapacitation
-increasing police powers
-rights of the victims
what are the strengths of the crime control model
-focuses on public safety by remvoing offenders from the community
-efficiency by reducing any delays or backlogs
-detterence as swift justice discourages crime
what are the weaknesses of the crime control model
-risk of wrongful conviction
-over reliance on punishment as it doesnt address the root cause
-loss of individual rights
-institutional bias
what are the policies of the crime control model
-increasing stop and search powers where police can act preemptively
-covert and electronic surveillance so can gather evidence discreetly
-extended custody powers which gives the police more time to gather evidence
what are the sentences of the crime control model
-custodial sentences as imprisonment removes offenders from society
-electronic tags and curfews to ensure offenders comply
-criminal behaviour orders which ban offenders from certain areas
how does right realism advocate for the crime control model
-biological factors
-inadequate socialisation
-rational choice
-zero tollerance policies
how does lombroso advocate for the crime control model
-presumption of guily which identifies born criminals through physical traits
-incapacition which means some criminals cannot be rehabiliated therefore are punished
how does the case study of colin stagg relate to the crime control model
-prioritising efficiency for a quick resolution resulted in misleading the investigation
-using covert operations using a “honey trap” attempted to criminalise him to exract a confession
-risk of wrongful conviction, due to unfair accusations as he resembled the suspect
how does the case study of the london riots relate to the crime control model
-swift and decisive action such as water cannons
-zero tollerance policies aimed to swifty supress looting and violence
-mass arrests which reduced the immediate threat of further crime
-harsh sentencing to deter crime and send a mesage
what is the purpose of the due process model
a counterpoint of crime control by being considered an “obstacle course”
-this aim to prevent power abuse where law enforcment is held to a legal standard and empathise fairness which protects the rights of the accused
what are the key principles of the due process model
-fairness and justice
-presumption of innocence
-right to a fair trial
-upholding rights and safeguards as it requires strict adherence
-restricting powers
-appeals process to correct legal erros
what are the strengths of the due process model
-prevents miscarriages of justice
-ensures justice
-protects individual rights
what are the weaknesses of the due process model
-inefficency meaning there can be backlogs
-overprotection of criminals
-expensive due to the extensive legal procedure
what are the policies of the due process model
-PACE(1984) establishes rules on police conduct
-human rights act(1998), article 6 rights to a fair trial
-equality act(2010) aims to prevent discrimination
what are the sentences of the due process model
-communtiy orders allows offenders to serve punishment outside of prison
-suspended sentence is avoiding immediate imprisonment which gives offenders a second chance
-youth sentence a balance of rehabilitation and imprisonment for offenders under 18
how does left realism advocate for the due process model
-promotes fairness and equality
-protection of rights such as adressing disproportionate stop and searches
-rehabilitation and support to adress the root causes of crime
how does marxism advocate for the due process model
-equal treatment where elite crime goes unpunished and the working class is targetted
-rehabilitation where social inequality is adressed
how does the case study of Stephen lawrence relate to the due process model
-promoting racial inequality through the Macpherson report(1999)
-access to justice where errors where rectified
-transparency and accountability
-protection of victim and families rights as they had their voice heard
how does the case study of Sion jenkins relate to the due process model
-rights to a fair trial where he had 3 trials and couldnt be proven guilty byond reasonable doubt
-appeals process where there was a correction of legal errors after finding key evidence had not been disclosed
