AC 1.3

Question 1

What are the two models of criminal justice?

Answer 1

1. Due Process Model
2. Crime Control Model

Question 2

What does due model process focus on?

Answer 2

Focuses on the presumption of innocence and the necessity of producing fairness by protecting the defendants legal rights.

inequalities created by a capitalist society

Question 3

DPM: increase or decrease police powers?

Answer 3

decrease
it asserts that police should be limited to prevent official oppression of the individual

Question 4

DPM: what should justice system do?

Answer 4

should safeguard all the rights of an individual to provide against wrongful conviction.

should involve a through investigation where there is protection of the innocent by legislative obstacles to overcome before conviction can occur

Question 5

DPM: what theory does it relate to?

Answer 5

Left Realism
-prevents accused from oppression by the state

Question 6

DPM: one disadvantage

Answer 6

guilty do sometimes go free but better than punishing the innocent

Question 7

DPM: in the UK

Answer 7

1. follows innocent until proven guilty
2. protects suspects against oppression
3. safe verdicts (rules for evidence)
4. have jury to ensure verdict is secure
5. terrorist don’t get same protection

Question 8

DPM: areas of law that support

Answer 8

1. acknowledgement of the need for police procedural safeguards by introduction of PACE 1984
2. all interviews recorded and have right to legal representation
3. Human rights act (1998) allows for criminal justice practices to be thoroughly looked at from a human rights perspective

Question 9

DPM: evidence

Answer 9

PACE
-stop and search: s1-3
-Arrest: s24, s28
-rights in custody: s56, s58
-codes: code c = detention
-silence: s34
-confession: s76

Human Rights Act 1998
-private life: article 8

Question 10

DPM: cases

Answer 10

1. Sion Jenkins
   - right to appeal
2. Gary Weddell
   -presumption of bail
3. Thompson & Venables v UK
   -fair trial, use of human rights

Question 11

What does Crime Control Model seek?

Answer 11

a quick and efficient disposal of criminal cases

Question 12

CCM: focus and aim

Answer 12

aim to punish criminals and stop them from committing crimes

focus of protecting rights falls on rights of victim rather than defendant

Question 13

CCM: increase or decrease police powers?

Answer 13

increase
should have enhanced powers to ensure a conviction is reached

Question 14

CCM: link to theories

Answer 14

zero tolerance approach in right realism

functionalism approach to punish the guilty

Question 15

CCM: miscarriages of justice?

Answer 15

if few occur it doesn’t matter, crime control will see that it is worth it

Question 16

CCM: in the UK

Answer 16

1. do want to punish offenders
2. do want to oppress crime
3. don’t presume guilt
4. don’t arrest and punish no matter costs

-US follows

Question 17

CCM: areas of law that support

Answer 17

• allowing introduction of ‘bad character’ evidence and previous convictions when deliberating verdict
  -removal of double jeoprady
  -extended pre charge detention time for terrorist offences

Question 18

CCM: examples (7)

Answer 18

1. rights to solicitor and phone call can be suspended for 36 hours
2. judges allowed to use evidence of bad character
3. stop and search/arrest: wide rights to police, has is about, covers all situations
4. terrorism: keep suspect for 14 days
5. normal: extended from 24 to 36/48
6. appeals: not automatic has to be point of law with public importance
7. no jury in mags, juryless trials

Question 19

CCM: cases

Answer 19

1. Colin Stagg
2. Barry George
   key focus in both cases is on securing conviction at any cost