AC 1.3 Flashcards
describe models of criminal justice
What are two models of criminal justice?
crime control (the conveyor belt)
due process (obstacle course)
What theories does crime control link to?
- right realism
-functionalism
what theories does due process link to?
-labelling theory
-left realism
what is the crime control model?
-Guilt is implied
-Prevention or reduction crime is its overriding aim
-Prioritises punishment as a sanction
-Trust is placed in the hands of police and authorities
-Pro police and enhanced powers
How does the crime control model link to criminal justice?
-Police have legislative powers
-If a suspect of terrorism police can detain for longer
-Abolishment of double jeopardy means a person can be tried twice
-Evidence of past bad character can be permitted in court
-Routes of appeal can be confusing
how does crime control model link to right realism?
want order because of zero tolerance theory
how does crime control link functionalism?
crime and punishment needs to happen in order to bring legal change
what does Felson’s routine activity theory say?
For a crime to occur three factors must be present:
-A motived offender
-A suitable target
-The absence of a capable ‘guardian’ e.g. police officer or neighbour
what is due process model of criminal justice?
-Often called the obstacle course
-Suggests that there should be legislative obstacles to overcome before a person is convicted
-Uses the opposite principles of crime control
-Presumes innocence of the individual and that everyone had a right to a fair trial- article 5 HR right to liberty/ art 6 right to fair trial
-Suggests the justice system should provide appropriate safeguards for the accused
-Argues that police powers should be limited to prevent oppression of individual liberties
How does the due process theory link to the criminal justice system?
-PACE
- strict evidence rules
- right to trial by ones peers
- right to a fair trial- human rights act art 6
what theory does the due process theory link to?
- labelling theory
- left realism