A.C 1.3 Flashcards
What are the two main models of criminal justice?
The two main models are the Crime Control Model and the Due Process Model, each with a different approach to balancing law enforcement and individual rights in the criminal justice system.
What is the Crime Control Model?
The Crime Control Model focuses on efficiently controlling crime by prioritizing law enforcement and punishment over the protection of individual rights. It emphasizes speed and certainty of punishment.
What is a key characteristic of the Crime Control Model?
A key characteristic of the Crime Control Model is the presumption of guilt—once suspects are apprehended, they are assumed guilty, and the system focuses on quickly processing cases to achieve convictions.
How does the Crime Control Model view the role of police and prosecutors?
In the Crime Control Model, police and prosecutors are seen as the primary agents for preventing and punishing crime. They are given wide powers to ensure public safety and deter crime, with minimal interference from other parts of the system.
What is the Due Process Model?
The Due Process Model emphasizes protecting individual rights and ensuring that everyone is entitled to a fair trial and legal representation. It seeks to prevent miscarriages of justice and balances law enforcement with rights protections.
What is a key characteristic of the Due Process Model?
A key characteristic of the Due Process Model is the presumption of innocence—the criminal justice system must provide adequate protections for the accused to avoid wrongful convictions and ensure fair treatment under the law.
How does the Due Process Model view the role of police and prosecutors?
In the Due Process Model, police and prosecutors are expected to uphold the rights of the accused and ensure that evidence is gathered legally. Their role is to prosecute, but with fairness and respect for legal protections.
What is plea bargaining, and which model does it relate to?
Plea bargaining involves negotiating a guilty plea in exchange for a reduced sentence. It is more closely associated with the Crime Control Model, as it aims to speed up the judicial process and achieve swift convictions.
How does the Crime Control Model treat criminal defendants?
The Crime Control Model often views criminal defendants as threats to public safety, prioritizing swift conviction over ensuring comprehensive legal protections for the accused.
How does the Due Process Model balance punishment and protection of rights?
The Due Process Model aims to balance punishment with protecting the rights of the accused, emphasizing fair trial procedures and the need for clear and convincing evidence before a conviction.
What is rehabilitation in the context of criminal justice models?
In the Due Process Model, rehabilitation is emphasized, aiming to reform offenders through programs that address the underlying causes of crime, such as mental health, addiction, or poverty.
What is retributive justice, and which model is it associated with?
Retributive justice is focused on punishing offenders for their crimes, with the belief that the punishment should fit the crime. It is more associated with the Crime Control Model, which focuses on deterrence and punishment.
How do the Crime Control Model and Due Process Model differ in their treatment of due process rights?
The Crime Control Model tends to minimize due process rights to expedite the criminal justice process, whereas the Due Process Model maximizes protections, ensuring that rights are respected and potential miscarriages of justice are avoided.
What role does public opinion play in the Crime Control Model?
In the Crime Control Model, public opinion often supports policies that emphasize law and order, leading to a focus on tougher sentences, longer prison terms, and increased police powers to address crime.
What does the Due Process Model believe about the potential for errors in the justice system?
The Due Process Model acknowledges that the criminal justice system is fallible and places great importance on safeguards to avoid errors, such as wrongful convictions and miscarriages of justice.
How does the Due Process Model approach discretion within the criminal justice system?
The Due Process Model views discretion (e.g., by police, judges, or prosecutors) as potentially leading to abuse of power and discriminatory practices. It advocates for clear rules and legal standards to limit discretion and ensure fairness.
What is the focus of crime prevention in the Crime Control Model?
In the Crime Control Model, crime prevention is focused on deterrence through swift punishment and strong law enforcement, aiming to dissuade offenders from committing crimes through fear of punishment.
How does the Due Process Model view the right to a fair trial?
The Due Process Model places great emphasis on the right to a fair trial, ensuring that all defendants have the opportunity to challenge evidence, present a defense, and be judged impartially.
What is the goal of the Crime Control Model regarding crime rates?
The Crime Control Model seeks to reduce crime rates through an aggressive approach to policing, swift prosecution, and strict punishments designed to deter potential offenders.
How does the Due Process Model approach the presumption of innocence?
The Due Process Model strongly supports the presumption of innocence, meaning the accused should not be treated as guilty until proven so, and should have the opportunity to contest charges and present a defense in court.
