AC 1.3 - Describe Models of CJS

Question 1

What are the two models of the criminal justice system?

Answer 1

1. Due process model
2. Crime control model

Question 2

What are the key aspects of the crime control model

Answer 2

1. Repression of crime is the most important function of the CJS
2. The need of streamlining to ensure cases are processed quickly and efficiently
3. The speed and efficiency of apprehension,prosecution and punishment of offenders
4. Reliance of plea bargaining to avoid the burden on courts
5. Limitation of rights of the accused
6. Focus on “Zero Tolerance” approach, links to Right Realism
7. Prioritising interest of society over interests of individual

Question 3

Why are the key principles of due process?

Answer 3

1. Protection of Individual rights
2. CJS should be designed to ensure the rights of the accused are protected
3. Focus of a fair and impartial system
4. System should rely on the use of fair procedures and rules to ensure rights of the accused are protected
5. Relates to Left Realism, advocate in the need to safeguard individuals rights to avoid any miscariages of justice
6. Interests of society should be balanced against the rights of the individual

Question 4

What are laws that support the Due Process model?

Answer 4

1. PACE act
2. The human Rights Act 1998
3. Interviews need to be recorded and the right to a legal representation

Question 5

What are laws that support the crime control model?

Answer 5

1. “Bad character”: evidence of previous convictions in the court
2. Removal of the double jeopardy law
3. Extended pre charge detention time for terrorists offences