AC 1.3-describe models of criminal justice

Question 1

What are the two models of criminal justice?

Answer 1

1) The crime control model of justice
2) The due process model of justice

Question 2

Who created the two models of criminal justice and when?

Answer 2

Herbert Packer, 1968

Question 3

What is the crime control model?

Answer 3

The suppression of crime

Question 4

What does the crime control model prioritise? (2 points)

Answer 4

Catching and punishing offenders
Deterring and preventing offenders from committing further crimes

Question 5

Where does the crime control model start from?

Answer 5

A presumption of guilt

Question 6

How does a presumption of guilt through the crime control model help the police?

Answer 6

It helps them identify those who are likely to be guilty through investigations and interrogations

Question 7

What should the police be free from as stated in the crime control model?

Answer 7

They should be free from unnecessary legal technicalities that prevent them from investigating crime

Question 8

What happens once the likely guilty are identified in the crime control model?

Answer 8

The assembly line of the justice system speedily prosecutes, convicts and punishes them

Question 9

What does the crime control model argue?

Answer 9

It argues that if a few innocent people are convicted on occasion by mistake, it is a price worth paying for convicting a large majority of guilty individuals

Question 10

What does the crime control model emphasise?

Answer 10

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

Question 11

What is the goal of the due process model?

Answer 11

To protect the accused from oppression by the state and its agents including police, prosecutors and judges

Question 12

Where does the due process model starts from?

Answer 12

A presumption of innocence (innocent until proven guilty)

Question 13

What does the due process model lose faith in?

Answer 13

The polices ability to conduct satisfactory investigations due to incompetence, dishonesty etc.

Question 14

What are some of the rules which are included in the due process model?

Answer 14

There are rules regarding arrest, questioning, legal representation, admissibility and disclosure of evidence, cross examination of witness, no secret trials etc.

Question 15

What type of procedure is formed from the due process model have?

Answer 15

Protecting rights of accused forms an obstacle course that prosecutors have to overcome before securing a conviction

Question 16

What does the due process mean when it mentions releasing the guilty free on a ‘technicality’?

Answer 16

Where the prosecution have relied on illegally obtained evidence and the guilty is set free

Question 17

According to the due process model, why is releasing the guilty on a ‘technicality’ a lesser evil?

Answer 17

It is a lesser evil as it means that the innocent are not convicted

Question 18

What does the due model process emphasise?

Answer 18

The rights of the accused individual rather than those of the victim or society

Question 19

What two theories link to the crime control model?

Answer 19

1) Right realism
2) Functionalism

Question 20

How does right realism link to the crime control model?

Answer 20

Right wing conservative approach
It has zero tolerance policing strategies
It favours giving the police greater powers to investigate/supress crime

Question 21

How does functionalism link to the crime control model?

Answer 21

Punishment reinforces society’s moral boundaries
The main function of justice is to punish the guilty and this enables society to express moral outrage to strengthen social cohesion

Question 22

What two theories link the to the due process model?

Answer 22

1) Labelling theory
2) Left realism

Question 23

How does labelling theory link to the due process model?

Answer 23

Liberal approach
Aims to stop state agencies from oppressing people
The model offers some protection against police harassing groups labelled negatively as ‘criminals’ as it requires police to follow lawful procedure and not exceeded their power

Question 24

How does left realism link to the due process model?

Answer 24

Oppressive policing of poor areas triggers confrontations making residents unwilling to assist police
By following the model, police can act in a lawful non discriminatory way if crime wants to be fought effectively (depending on the cooperation of the community)

Question 25

What two areas can we see examples of each model in?

Answer 25

1) The rules governing the working of the justice system
2) The way the system works in practise

Question 26

What do the rules governing the working of the justice system ask?

Answer 26

Do the rules protect the rights of the accused, or do they favour the prosecution?

Question 27

What do the rules governing the working of the justice system ask?

Answer 27

Do the police, prosecutors and judges actually follow the rules and procedures as they should?

Question 28

What evidence may be inadmissible in court and give an example (refer to Unit 3 AC 2.3)

Answer 28

Illegally obtained evidence eg. confession obtained through torture

Question 29

How can illegally obtained evidence becoming inadmissible help support the due process model?

Answer 29

It helps protect the defendants rights

Question 30

When is illegally obtained evidence legally admitted by the judge?

Answer 30

When the person believes it will help to establish the truth

Question 31

How can illegally obtained evidence becoming admissible help support the crime control model?

Answer 31

It may lead to a conviction of the defendant

Question 32

What are nine rules favouring the due process model? (9 points, don’t need to know them all)

Answer 32

1) Suspects rights to know why they are being arrested
2) Right not to be detained indefinitely without charge
3) Right to appeal against conviction or sentence
4) Right to trial by a jury of ones peers
5) Right not to be retried for the same offence once acquitted
6) Right to remain silent when questioned by police
7) Right to legal representation when questioned
8) Rules governing the admissibility of evidence in court eg. hearsay, entrapment
9) Prosecution has a duty to disclose evidence against the defendant in advance of the trial

Question 33

What are nine rules favouring the crime control model? (10 points, don’t need to know them all)

Answer 33

1) Police rights to stop, question, search and arrest
2) Court may draw negative inferences if defendant remains silent during questioning
3) Extended police detention is allowed for questioning on suspicion of indictable and terrorist offences
4) Extended period before access to a lawyer allowed
5) Restrictions on availability of legal aid
6) Jury trials only for serious cases
7) Appeal rights not always automatic
8) Change to double jeopardy rule allows second prosecution if new and compelling evidence emerges
9) Evidence of bad character/previous convictions permitted on occasion
10) Public interest immunity certificates may allow prosecution from disclosing evidence

Question 34

Give five cases of miscarriages of justice where the justice system did not operate according to the due process principles

Answer 34

1) Colin Stagg
2) Sally Clark
3) The Birmingham Six
4) West Midlands Serious Crime Squad
5) Bingham Justices

Question 35

Explain the case of Colin Stagg regarding the due process model

Answer 35

Victim of attempted entrapment following the Rachel Nickell murder
Police convinced he was the killer though there was no evidence to support this
Police tried to ‘honey trap’ him in order to confess to the murder

Question 36

Explain the case of Sally Clark regarding the due process model

Answer 36

Home Office pathologist and prosecution witness Alan Williams failed to disclose relevant information to her defence lawyers

Question 37

Explain the case of the Birmingham Six regarding the due process model

Answer 37

Wrongly convicted of 21 murders after police fabricated evidence against them
Deprived them of sleep and food
Used violence and threats to extract confessions
Judge wrongly deemed the confessions admissible as evidence whilst excluding defence evidence
Prosecution presented unreliable forensic evidence against the six

Question 38

Explain the case of the West Midlands Serious Crime Squad regarding the due process model

Answer 38

Responsible for over 100 cases involving malpractice by the officers including perjury (lying under oath), assaulting prisoners, fabricating confessions and planting incriminating evidence on suspects

Question 39

Explain the case of Bingham Justices (1974) regarding the due process model

Answer 39

Bias by a magistrate
Defendants evidence contradicted that of an officers in a speeding case
Magistrates chairman said ‘my principle in such cases has always been to believe the police officer’