AC 1.3 Flashcards
What are the two key models representing competing systems of values in the criminal justice system?
Crime Control Model and Due Process Model
according to Packer
What is the primary goal of the Crime Control Model?
The suppression of crime
What does the Crime Control Model prioritize?
- Catching offenders
- Punishing offenders
- Deterring offenders
- Prevention of further crime
What is the presumption of the suspect in the Crime Control Model?
Presumption of guilt
What does the Crime Control Model argue about police investigations?
Trusts that the police have the right person through their investigations
What does the Crime Control Model suggest about legal technicalities?
The police should be free from unnecessary legal technicalities
Describe the conveyor belt approach in the Crime Control Model.
Favours a speedy prosecution, conviction, and punishment of the guilty
What does the crime control model believe about wrongful convictions?
They’re are apart of the system that convicts large numbers of guilty people
What rights does the Crime Control Model emphasize?
The rights of society and victims over the rights of the suspect
System should prioritise the interests of society over interests of the individual
What is a key principle of the Crime Control Model regarding case processing?
The criminal justice system should be streamlined for quick and efficient processing
should be focused on speedy and efficient apprehension, prosecution and punishment of offenders
What does the Crime Control Model suggest about plea bargaining?
It should be relied upon to resolve cases quickly
What theory links to crime control model?
Right realism and zero tolerance policy
Right realism argues that agencies of social control like the system are becoming weak thus it should double down on all types of crime with harsh punishment
What areas of law support the Crime Control Model?
- Introduction of ‘bad character’ evidence and previous convictions for court to consider
- Removal of the double jeopardy law
- Extended pre-charge detention for terrorist offences
What is one of the critiques of the Crime Control Model?
It places too much emphasis on punishment and not enough on the rights of the accused
can lead to wrongful convictions of the innocent & abuse of police power
What is one of the key principles of the Due Process Model?
The protection of individual rights is the most important function
What does the Due Process Model emphasize about the rights of the accused?
They should be protected throughout the criminal justice process
What is a focus of the Due Process Model regarding the justice system?
Ensuring that it operates fairly and impartially
What does the Due Process Model argue about evidence used against the accused?
It must be reliable
Accused must also be given a fair trial
What does the Due Process Model assume?
CJS must be designed to protect the rights of the accused and individual rights to ensure justice
What areas of law support the Due Process Model?
- Introduction of police procedural safeguards (PACE)
- Human Rights Act 1998
- Requirement for recorded interviews and legal representation for suspects
What is a critique of the Due Process Model?
It places too much emphasis on the rights of the accused
Can lead to the release of guilty individuals and suppression of evidence that may be relevent to the case
