AC 1.3 Flashcards

1
Q

What are the two models of criminal justice?

A

The crime control model and the due process model.

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2
Q

What does the crime control model prioritize?

A

Catching and punishing offenders, deterring and preventing further crime.

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3
Q

What is the presumption of the crime control model?

A

It starts from a presumption of guilt.

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4
Q

What does the crime control model trust regarding police?

A

It trusts the police to identify those who are probably guilty through investigation and interrogations.

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5
Q

What type of justice system does the crime control model favor?

A

A conveyor belt or assembly line justice system that speedily prosecutes, convicts, and punishes offenders.

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6
Q

What is the argument of the crime control model regarding innocent convictions?

A

It argues that if a few innocent people are occasionally convicted by mistake, this is a price worth paying for convicting a large number of guilty people.

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7
Q

What does the crime control model emphasize?

A

The rights of society and victims to be protected from crime rather than the rights of suspects.

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8
Q

What is right realism in relation to the crime control model?

A

It is a right-wing, Conservative approach that favors giving police greater powers to investigate and suppress crime.

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9
Q

What do functionalists like Durkheim believe about punishment?

A

Punishment reinforces society’s moral boundaries and enables society to express its moral outrage.

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10
Q

What rights does the crime control model grant police?

A

The right to stop, question, search, and arrest without giving evidence in some circumstances.

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11
Q

What change was made to the double jeopardy rule?

A

It allows a second prosecution if ‘new and compelling’ evidence emerges for serious offences only.

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12
Q

What was the case study for the crime control model?

A

Barry George was convicted of the murder of Jill Dando based on questionable forensic evidence.

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13
Q

What was the outcome of Barry George’s case?

A

The verdict was ruled unsafe, and he was found not guilty at a retrial.

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14
Q

What is the focus of the due process model?

A

To protect the accused from oppression by the state and its agents.

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15
Q

What is the presumption of the due process model?

A

It starts from a presumption of innocence.

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16
Q

What rights are safeguarded in the due process model?

A

Rights of suspects and defendants through a set of due process rules.

17
Q

What does the due process model argue about guilty individuals going free?

A

It argues that this is a lesser evil than convicting the innocent.

18
Q

What is the aim of the due process model?

A

To stop state agencies from oppressing people.

19
Q

Laws favouring the due process model

What is the role of the CPS in the due process model?

A

They are independent bodies that can investigate the police.

20
Q

Laws favouring the due process model

What does the Police and Criminal Evidence Act 1984 provide?

A

It gives suspects the right to know why they are being arrested.

21
Q

laws favouring the due process model

What right does a suspect have when questioned by the police?

A

The right to remain silent.

22
Q

What was the case study for the due process model?

A

Sion Jenkins was convicted of the murder of Billie-Jo Jenkins, but the conviction was later squashed due to misleading evidence.

23
Q

What does the case of Birmingham Six illustrate?

A

It involved bias by a magistrate and highlighted failures in following correct procedures.

24
Q

What is left realism in relation to the due process model?

A

Left realist argued that oppressive militaristic policing of poor areas triggers confrontations and makes residence unwilling to assist the police.

25
Q

What do left realists argue about oppressive militaristic policing?

A

It triggers confrontations and makes residents unwilling to assist the police

This perspective emphasizes the negative impact of aggressive policing tactics in poor areas.

26
Q

According to left realists, what must the police follow to fight crime effectively?

A

Due process by acting in a lawful and non-discriminatory manner

Following due process is essential for building trust and cooperation with the community.

27
Q

Why is community cooperation important in the left realist perspective on policing?

A

It is essential for effectively fighting crime

Community cooperation can lead to better information sharing and support for police efforts.

28
Q

Fill in the blank: Left realists believe that _____ policing leads to confrontations.

A

[oppressive militaristic]