1.3- Models of criminal justice Flashcards
What is the primary focus of the Crime Control Model?
The swift and efficient repression of crime
It aims to quickly apprehend, convict, and punish offenders.
What does the Due Process Model prioritize?
Protecting individual rights and preventing wrongful convictions
It emphasizes fair treatment throughout the justice system.
What principle does the Due Process Model operate on?
Presumption of innocence
The state must prove guilt beyond a reasonable doubt.
List key features of the Due Process Model.
- Fair procedures
- Legal safeguards
- Right to appeal
- Protection against wrongful convictions
What is a key aspect of the Crime Control Model?
Speed and finality in the justice process
Achieved through streamlined procedures.
How does the Crime Control Model view individuals who are arrested?
As likely guilty
It operates on a presumption of guilt.
What does the Crime Control Model emphasize in terms of case processing?
Quantity of cases processed
It trusts law enforcement to quickly handle offenders.
Outline the main goals of the Crime Control Model.
- Reduce crime through deterrence
- Incapacitate offenders
What is the main goal of the Due Process Model?
Uphold constitutional rights and prevent miscarriages of justice
List the key differences between the Crime Control and Due Process Models.
- Crime Control: efficiency and speed
- Due Process: individual rights and fairness
- Crime Control: presumption of guilt
- Due Process: presumption of innocence
- Crime Control: informal processes
- Due Process: formal processes
True or False: The Crime Control Model trusts law enforcement.
True
True or False: The Due Process Model favors informal processes.
False
It favors formal, adversarial processes.
Fill in the blank: The Crime Control Model sees the criminal justice system as an _______.
assembly line
Fill in the blank: The Due Process Model sees the criminal justice system as an _______.
obstacle course
What does the Due Process Model require from the state regarding proof of guilt?
Proof beyond a reasonable doubt
What does the Crime Control Model emphasize in terms of law enforcement?
Trust in the competence and integrity of police and prosecutors
Describe the Crime Control Model (CMM)
- model prioritises fast and effective supression of crime through catching and punishing offenders and deterring them from committing future crime
- mainly aims to protect the victim not criminal
- Operates on a presumption of guilt, assuming those arested likely guilty
- ignores cause of crime and rehabilitation and focusses on removal of criminals from society
- model empahsises number of convictions and trusts law enforcement (Police and CPS) to quickly apprehend possible offenders, convict them and punish them to deter future crime (like a conveyor belt)
- links to right realism as is a ‘conservative’ approach (crime repression should be most important function of criminal justice as order needed for a free society (victim rights protected at cost of defendant’s) e.g. zero tolerance policing
- SUPPORTING LAW/CASE: removal of double jeopardy rule for murder and other serious offences due to campaign by Ann Ming meant that her daughter Julie Hogg’s murderer, Dunlop was convicted
Describe the Due Process Model of Justice (DPM)
- Model prioritises protecting rights of criminals, as well as victims and preventing wrongful convictions
- operates on presumption of innocence, requiring state to prove beyond reasonable doubt
- liberal approach that aims to stop state agencies e.g. police oppressing people
- focusses on rehabilitation and just verdicts over removal of criminals from society, so they can reintegrate as useful members of society
- has little faith in police carrying out satisfactory investigations and believes police should have less powers to stop over control and discrimination
- Incompetency, dishonesty etc mean defendant’s rights need to be safeguarded by due process rules that investigations and trials must follow e.g. rules about arrest
- thorough investigation needs to take place before a successful conviction made, so guilty may not be convicted due to technicalities e.g. illegally obtained evidence and model argues this is better than innocent being convicted
- key features include fair procedures, right to appeal and legal safeguards so accused treated justly
- links to left realism as looks to deal with causes of crime. Argues harsh policing of poor areas makes those people unwilling to cooperate with police. Favour police reform so population represents whole society and public have more confidence in police so report crimes. Public would work with police not against them to reduce crime and social order will come from fairer society due to responsibilities of everyone (multi agency approach)
- SUPPORTING LAW/CASE: right to appeal against sentence/conviction. Sion Jenkins was convicted of murder of his foster daughter Billie-Jo but was allowed to appeal against conviction leading to retrail and his accquital.
Outline the key differences between the Crime Control Model and the Due Process Model
- models represent contrasting ideas and approaches in CJS
- CCM prioritises effecient repression of crime, aiming for fast apprehension, conviction and punishment
- CCM assumes guilt, streamlining processes for speed and finality
- BUT DPM emphasises protecting individual rights and preventing wrongful convictions, presuming innocence and requiring state agencies to prove guilt beyond reasonable doubt and providing legal safegaurds to ensure fairness.
- DDM values accuracy over efficiency and prioritises ensuring thorough investigations take place so justice is upheld and the rights of defendant are protected, even if this is a slower process
Describe and Compare the CCM and DPM of criminal justice
- CCM and DPM represent two contrasting approaches to CJS that each have different values
- CCM main aim is efficient effective suppression of crime, operating on belief that most important function of CJS is to protect society from crime
- CCM main features include presumption of guilt when arrested, informal processes e.g. plea bargaining and emphasis on speed and efficiency by streamlined processes to quickly apprehend, convict and punish offenders
- DDM prioritises protection of individual rights and prevention of wrongful convictions. Operates on belief it’s better to let a guilty person go free than wrongful convictions of the innocent
- Key features of DPM include presumption of innocence, emphasis on accuracy and fairness through thorough investigations and formal processes.
- CCM emphasises efficiency and crime suppression BUT DPM emphasises individual rights and fairness
- CCM trusts law enforcement but DPM less trusting in government power
- CCM prefers informal processes, DPM prefers formal
- differences lead to different approaches to issues in the CJS, such as admissibility of evidence, suspect rights and punishment severity
- CCM views CJS as a conveyor belt but DPM believes there should be many obstacles to overcome for successful conviction
