A1.3 Describe models of Criminal Justice Flashcards
What did Herbert Packer construct?
Two models to represent the two competing systems of values which operate in the CJS; one focuses on the victims and the other on the accused.
What does the crime control model argue?
That crime is a threat to society and it should be dealt with quickly and efficiently.
What is the aim of the crime control model?
To punish criminals and stop them from committing further crimes. Prioritises punishment of offenders and deterrence and prevention of further crimes.
What does the crime control model focus on?
The rights of the victims and society rather than the defendants. Starts with the presumption of guilt.
What do the crime control model argue about the police?
That the police should be given more powers to identify, detain, and interrogate suspects?
What do crime control model argue the main issue is?
That some innocent people may get prisoned, but it is better than guilty people walking free.
What is the crime control model interested in?
Whether people commit crime and how to stop them from committing crime.
What is the theory link to crime control model?
Right Realism- Zero Tolerance policing- give police more powers of arrest and top and search which is consistent with this model.
What does the due process model argue?
That the accused should be protected from oppression by the state: police, prosecutors, and judges.
What does the due process model presume?
That everyone is innocent until proven guilty after a fair trial.
What are the views of the police from a due process model perspective?
That there is no faith in the police to conduct satisfactory investigations that are free from incompetence, dishonesty, and corruption.
What does the due process model argue about rules?
That rules must be followed during a trial are necessary obstacles that must be overcome to ensure a safe verdict.
What do due process model argue the main issue is?
The guilty can sometimes be released on a technicality. This is the lesser evil than convicting the innocent.
What is the theory link to the due process model? How should the police act to tackle crime?
Liberal approach- aims to stop agencies like the police from oppressing people. Links with labelling theory- police act on stereotyping and has links to Left realism.
Police need to tackle crime with co-operation of communities and not make the community feel as though they are being targeted against