Ac 1.3 Flashcards

1
Q

What is the right realism theory

A

That crime is a problem that affects the poor- poor are the reason for crime

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2
Q

Right realism consider what factors

A

Economic factors, like property to unemployment

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3
Q

What do right realist believe

A

That crime is linked to inadequate social control

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4
Q

What do right realist think will stop crime

A

Only control and punishment are the only way to stop criminal trends

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5
Q

What is left realism

A

Crime lies in inequalities created by a capitalist society

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6
Q

What do left realist believe

A

That both practical measures to reduce crime and a long- term change towards a more equal, caring society are needed

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7
Q

What does capitalism encourages ( left realism)

A

Consumption but is unable to always deliver it, so some people are motivated by consumerism and material and turn to crime

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8
Q

What are civil liberties

A

Basic rights and freedoms given to citizens of A country under the law of that country . Includes freedom of speech, freedom from arbitrary arrest

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9
Q

what is zero tolerance

A

a poll of giving the most serve punishment possible to every person who commits a crime or breaks a rule

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10
Q

what is the rule of law

A

the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of gov by law

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11
Q

what are the models of criminal justice

A

the crime control of justice and the due process model

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12
Q

what does crime control model think on crime

A

crime is a threat to people’s freedom

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13
Q

what is CCM goal

A

to suppressing crime, priorities are catching and punishing offenders, deterring and preventing from re-offending

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14
Q

who and why do CCM trust

A

trusting the police to identify who is guilty through their investigations and interviews

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15
Q

what did the CCM believe abt criminal

A

that criminal shouldn’t have rights. police should be free from unnecessary legal technicalities

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16
Q

what has CCM been described as

A

as a conveyor belt type of justice system that speedily prosecutes, convicts and punishes them

17
Q

what do CCM argue

A

that if a few innocent people are occasionally convicted by mistake, that it is the price you pay for convicted a large number of guilty people

18
Q

what do CCM emphasised

A

the rights of society and victims to be protected from crime, rather the rights of suspect

19
Q

what theories link to CCM

A

right realism and functionalist

20
Q

why does right realism link to CCM

A

conservative approach to justice and it has a lot in common right realist theories of crime like zero tolerance policing, in favour of giving police greater power to suppress.

21
Q

why does functionalist theory link to CCM

A

punishment reinforces society’s moral boundaries. the main function of justice is the guilty, this enable society to express its moral outrage and strengthen social cohesion

22
Q

what does the due process model believe the threat is

A

the greatest threat to an individual’s freedom is the power of state.

22
Q

what DPM goal

A

to protect the accused from oppression by the state and its agents like police CPS and judges started from the presumption of innocence

22
Q

what do DPM empathise

A

the rights of the accused individuals rather than of the victims

22
what is the DPM describe as
necessary obstacle course that the prosecution have to overcome to secure a conviction, meaning that the guilty sometimes go free on a 'technicality' however it suggests that this us the lesser of two evils
23
what do DPM have less faith in
the police's ability to conduct satisfactory investigation. the suspect of D's rights need to be safeguarded by a set of DPM rules that investigations and trials must follow
24
what theories link to DPM
labelling and left realism
25
how does labelling theory link to DPM
liberal approach. aims to stop agencies such as the police oppressing people. police can be tempted to act illegal, harassing people
25
how does left realism link to DPM
their view is police must follow the DPM by acting lawful and non-discriminatory way if they want to fight crime effectively, since this depends on the cooperation of the community
26
what do left realist argue abt (DPM)
that oppressive 'militaristic policing' of poor areas triggers conformations and makes residents unwilling to assist police
27
what rules governing the working of the CJS
there are DPM rules like rights of suspects during stop and search and interview under PACE illegally obtained evidence may be ruled inadmissible by the court.
28
what else includes rules governing the working of the CJS
includes thing such as a confession obtained by suing torture or degreasing treatment, this could be said to support the DPM, since it protects the D's rights
29
what does judges has power to do with the rules of governing the working of the CJS
the judge has the power to admit illegal obtained evidence if they believe it will help establish the truth, support the CCM since it may lead to conviction
30
what rules favour DPM
the suspect's rights to know why they are getting arrested. the right to remain silent when questioned by the police and courts. the right not to be detained indefinitely without charge
31
what rules favour CCM
police rights to stop, question, search and arrest(PACE). the court may draw negative inference if the defendant remains silent. the police are allowed to extend the detention if there is suspicion of indictable offence- 36+96 hours- and terrorist offence is for 14 days