(2) AC 1.3 - Describe Models of Criminal Justice Flashcards
2 models of criminal justice.
Due process model.
Crime control model.
Key details for the due process model.
Protects the legal rights of the defendant.
Individual is entitled to presumption of innocence.
More difficult to prove guilt.
Police powers should be limited.
Justice system should safeguard rights of individuals.
Protection of the innocent by using legislative obstacles.
Examples supporting the due process model.
PACE 1984.
Interviews are recorded, suspect has rights to legal representation.
Human Rights Act 1998 - allows for criminal justice practices to be scrutinised from a human rights perspective.
Cases for the due process model.
Sion Jenkins - right to appeal against conviction.
Gary Weddell - given bail even for a charge of murder, then went on to kill someone else.
Thompson and Venables - to ensure fair trial, use of European Convention on Human Rights.
Theories linked to the due process model.
Labelling theory - police follow lawful procedures.
Left realism - acting lawfully and non-discriminatory.
Key details for the crime control model.
Quick and efficient system, described as an ‘assembly line’, each person has one role, moves quickly.
Function is to suppress crime and ensure society is safe.
Focuses on punishment of criminals.
Controlling crime is more important than individual freedom.
Focus on the rights of the victim rather than the defendants.
Police should have enhanced powers.
Zero tolerance.
Zero tolerance.
Right realism.
Adopted in New York in 1990s, reduction in crime could have been a result of police officers simply paying more attention to crimes that had previously been ignored - police prioritisation.
Helps tackle issues from the Broken Windows Theory because low level disorder is tackled quickly, so problems do not escalate.
Between 1990 and 2009, homicide rate declined by 82% in New York
Examples supporting the crime control model.
Allowing ‘bad character’ and previous convictions when deliberating verdict.
Removal of double jeopardy for serious offences, like murder.
Extended pre-charge detention time for terrorist offences.
Cases for crime control model.
Colin Stagg - relentlessly pursued by police as they wanted him punished as quick as possible, honey trap.
Barry George - not using appropriate evidence, instead looking at anything possible. Attempting to secure a conviction at any cost due to public reaction.
Theories linked to crime control model.
Right realism - zero tolerance.
Functionalism - punishment reinforces society’s moral boundaries.
