Ac 1.3 Flashcards
What are the two models of criminal justice
Due Process Model
Crime Control model
What is crime control model
Crime control model seeks a quick and efficient disposal of criminal cases
the aim of crime control model is to punish criminals and prevent them from committing future further crimes
the right of protection falls under the victim rather than the defendant which is unlike the due process model which believes in “innocent until proven guilty”
Crime control model also has the assertion that the police should enhanced powers to ensure conviction is achieved
Crime control model also links to zero tolerance and right realism
What examples of areas of law are there that support the crime control model.
Allowing the introduction of “bad character” evidence and previous convictions information for the courts to consider when deliberating a verdict
Removal of double jeopardy rule for murder cases and other serious offences
Examples of areas of law that support the crime control model
The case of Barry George as the murder of the victim provoked a strong public reaction and demand for the case to be solved as quickly and possible and bring the victim to justice, the police truly believed the suspect was guilty and did everything they could to produce the evidence of the guilt such as undercover cops, the use of surveillance
What is Due process model
Due Process model is the opposite of crime control model
it focuses on the presumption of innocence and producing fairness by protecting the defendants legal rights
Due process model believes that instead of an increase in police powers it asserts that police should be limited to prevent official oppression of the individual and that the justice system should safeguard the defendants rights to provide against a wrongful conviction
Links to left realism as it views approaches to criminality with a focus on the inequalities created by a capitalist society
Examples of areas of law that support the due process model
All interviews are now recorded and suspects have a right to legal representation
The human rights act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights prospective
Examples of cases investigated using the due process model
Garry Weddell, sion jenkins and thompson and Venables murder case the case mentioned is where the due process model was used as the defendant has been given their statutory legal rights for instance the right of appealing against a conviction or to ensure the trial was fair using European convention on human rights
