AC 1.3

Question 1

Describe the due process model

Answer 1

• the model focuses on the presumption of innocence
• producing fairness by protecting the defendants legal rights
• it asserts that police powers should be limited to prevent official oppression of the individual and has less faith in their ability to conduct a satisfactory investigation
• rather than a conveyer belt carrying the accused swiftly to punishment, the rules and procedures protecting their rights form a necessary obstacle course that prosecutors have to overcome before they can secure a conviction
• this means that the guilty sometimes go free on a ‘technicality’ however them model argues that this is a lesser evil than convicting the innocent
• the model emphasizes the rights of the accused individual rather than those of the victim or society

Question 2

Describe the crime control model

Answer 2

• this model focuses on the presumption of guilt
• it trusts the police to be able to identify those who are probably guilty through their investigations and interrogation
• prioritizes catching and punishing offenders and suppressing crime
• the police should be free from unnecessary legal technicalities that prevent them from investigating a crime
• it concentrates on promoting the rights of the victim rather than protecting the rights of the defendant
  the model suggests that the criminal justice system should act like a conveyer belt that speedily prosecutes, convicts and punishes them
• it argues that if a few innocent people are occasionally convicted by mistake this is a price worth paying for convicting a large number of guilty people