1.3 unit 4 Flashcards
what are some principles of the crime control model?
crime threat to peoples freedom
priorities catching criminals
starts with presumption of guilt
police should be free from legal technicalities
quick to prosecute
few innocent is a price to pay for large real convictions
rights of victims
how does the crime control model link to the uk justice system?
police can use pace to arrest and stop and search
terrorist detainment
abolishment of double jeopardy
bad character evidence is permitted
judges can allow illegal evidence
appeals not always allowed
what are some cases that were investigated using the crime control model?
colin stagg- pushed for a conviction, entrapment
barry george- ignored other witnesses fast prosecution
how does right realism relate to crime control theory?
crime is a rational choice for the offender and crime can be a broken window to attract more crime
prioritize order than justice
harsh punishments
need to make cost of crime more severe
how does functionalism relate to crime control theory?
crime is needed to enforce norms and values
it has boundary reinforcement, value consensus, social cohesion
making an example out of people reinforces what is right and wrong showing disapproval
what are some principles of the due processing model?
legislative obstacles need to be overcome before convicted
power of state is biggest threat
starts with presumption of innocence
less faith in police to conduct investigations satisfactory
have rules relating to process which are supposed to be an obstacle
guilty sometimes go free on a technicality is better than innocent convicted
how does the due process model link to the uk justice system?
we presume innocence
PACE sets out suspects right, evidence rules
right to a trial by peers
right to a fair trial
what are some examples of the due process model being used?
Thompson and veneables uk case ‘James bulger’
how does left realism link to the due process?
focussed on circumstances on the offender eg subcultures
relative deprivation- consider themselves to be deprived so turn to crime to get it
supportive of rehabilitation and treating the root cause argued that there should be minimal use of prison (only where there is a danger to the community) and individuals must be ‘de-marginalised’.
how does labelling theory link to the due process model?
once labelled as a criminal someone will live up to the label and become a self fuffiling prophecy
differential law enforcement and biased policing can lead to labelling police shouldn’t oppress stereotypical criminals
suggests that the police may be tempted to resort to illegitimate means of arresting criminals to achieve targets
what did smith say about crime models?
argues that ‘Due process can never be provided as a yardstick because criminal justice must always be a compromise between due process and crime control’.
what did duff say about crime models?
suggests that there are and will always be differences between due process and crime control because there is confusion over the meaning of the term ‘crime control’
what are some examples of miscarriages of justice?
colin stagg
birmingham 6
sally clarke
what rules in engalnd support the due process model?
right to jury by peers
inadmissible evidence under pace
disclosure of evidence
suspect can be silent/ have legal aid
right to know reason of arrest
not be detained indefinitely w/o charge
what rules in England support the crime control model?
judge can permit illegal evidence
restrictions on suspects legal aid
police can stop and search and arrest without reason sometimes
abolishment of the double jeopardy law
jury only in serious cases
appeals not always allowed
public interest immunity
