AC 1.3- Describe Models of Criminal Justice Flashcards
Which criminologist came up with the idea of the two models of criminal justice?
Herbert Packer
What are the two opposing models of criminal justice?
Crime control and due process
How does the crime control model aim to deal with criminals?
Quick and efficient disposal of criminal cases, works on a conveyer belt, focusing on getting offenders in prison and argues that if some innocent people go to prison this is worth it for the amount of criminals convicted
What does the crime control model work on the assumption of?
Assumes a person is guilty
Whose rights are favored by the crime control model?
Rights of the victim prioritized, rights of the victim are not as important because they are seen as guilty
Which theory of criminality does the crime control model link to?
Right Realism
What areas of the law would support the crime control model?
Removal of double jeopardy (Billy Dunlop), allowing the use of bad character evidence (Grace Millane)
How does the case of Colin Stagg show the crime control model in action?
Looked at as the only suspect, presumed guilty, favored power for the police due to the use of a honeytrap to get a confession
How does the case of Barry George show the crime control model in action?
Use of a single fibre to try and find guilty, rights of suspects and public prioritized due to the high media attention. Found guilty despite being innocent, they would argue this as being okay
What is the due process model?
Focuses on the rights of suspects and limiting powers of police, believe you are innocent until proven guilty and that their should be more legal processes in the way to protect people
Which theory of criminality does the due process model link to?
Left Realism
How does the due process model aim to deal with criminals?
A necessary obstacle course by following rules and procedures, can sometimes mean guilty go free but this is argued as a lesser evil than convicting the innocent
What areas of the law support the due process model?
Police & Criminal Evidence Act 1984, Human Rights Act 1998, interviews recorded and right to legal representation
How does the case of Sion Jenkins link to the crime control model?
Convicted of murdering his foster daughter based on microscopic droplets of DNA, due to his right to appeal the conviction was eventually quashed after several years
How does the case of Gary Weddell link to the crime control model?
Discovered his wife was having an affair and killed her, but due to suspects rights was released on bail before his trial, where he then went on to kill his mother in law and then himself
