AC 1.3 - DESCRIBE MODELS OF CRIMINAL JUSTICEš¤ Flashcards
The Crime Control Model
Overview
This model starts with the assumption that crime is a big threat to peopleās freedom. Therefore, the main goal of the criminal justice system should be the suppression (defeating) of crime.
Key components of the Crime Control Model
- Police powers should be expanded to make it easier to investigate, arrest, search, seize and convict suspects.
- Legal technicalities that restrict the police should be removed e.g. needing a warrant to search a suspects house.
- If the police make an arrest and the accused is taken to court the defendant should be presumed guilty, this is because the police and prosecutors should be deemed highly reliable in investigating and prosecuting.
- Cases should be dealt with quickly and efficiently within the criminal justice system.
- It argues that if a few innocent people are occasionally convicted by mistake, this is a price worth paying for convicting large numbers of guilty people.
- Criminal justice should aim to uphold victims rights rather than protect defendants rights.
- The Crime Control Model is also known as āthe conveyor beltā theory.
Sociological theories linked to the Crime Control Model
Right Realism:
- The crime control model is quite right-wing in its approach to criminal justice. Therefore, it links to the theory of right realism which is the belief that there should be āzero toleranceā to crime.
Functionalism:
The crime control model also links with the theory of functionalism. Functionalism believes that punishment should be the main aim of the criminal justice system because it is a way to strengthen social cohesion.
Practical implications for the England and Wales Criminal Justice System
- Fear of crime and/or the demand for swift justice can lead to an increase in the āCrime Control Modelā. This occurred in England and Wales in 2011, with the riots after the police shooting of Mark Duggan.
- For example, after the riots the courts were advised, by government, to deal harshly with offences committed during the riots.
- This included ignoring existing sentencing guidelines to hand down heavier sentences (on average the courts handed out 25% higher sentences) e.g. Nicholas Robinson received a 6 month prison sentence for stealing a Ā£3.50 case of water (he had no previous convictions).
Examples of the Criminal Justice System in England and Wales that are based on the Criminal Control Model
- The court may draw negative inferences (conclusions) if the defendant remains silent when questioned by they police.
- Extended police detention, without charge, is allowed for questioning by the police for indictable offenses (36 hours + a potential 96 hours) or 14 days for terrorism linked suspects.
- Jury trials for only most serious crimes, magistrates are more likely to convict than juries.
- Appeal rights are not automatic for those convicted in the Crown Court.
- Evidence of a bad character/previous convictions can now be used (if linked to the current case).
Example Case
The case of Colin Stagg - The victims murder evoked a strong public response and reaction and they demanded for the case to be solved as quickly as possible. In this case the police felt sure that the suspect was guilty and used all measures available including undercover police surveillance (entrapment) to prove it.
The Due Process Model
Overview
The power of the state is the greatest threat to to individuals freedom. Therefore, the criminal justice systems goal should be to protect people from oppression by the state and its agents (the police etc).
Key components of the Due Process Model
- There criminal Justice system should be concentrated with a defendant rights.
- The model starts with the presumption that a suspect is innocent until proven guilty by a fair trial.
- Police powers should be limited to prevent abuse of powers and oppression of the individual.
- A suspects rights need safeguarding by a set of due process rules e.g. rules about arrest, questioning, legal representation, admissibility of evidence etc.
- A person should only be found guilty if the authorities follow all the correct due process rules.
- It argues that a few guilty people may go free, however, this is better than innocent people going to prison.
- Criminal Justice should aim to uphold the accused individual rather than those of the victim or society.
- The Due Process Model is also known as āthe obstacle courseā theory.
Sociological theories linked to the Due Process Model
Left Realism:
- The Due Process Model is quiet left-wing in its approach to criminal Justice. Therefore, it links to the theory of left realism which is the belief that without controls on the police will act in an authoritarian way.
Labeling Theory:
- The Due Process Model supports the Labeling Theory. This is the theory that argues without control, the police will harass certain sections of society that have been labeled ātypical criminalsā e.g. ethnic minorities, teenagers, poor people etc.
Practical implications for the England and Wales Criminal Justice System
- When serious miscarriage of Justice occur, there can be more calls to move the Criminal Justice System towards the āDue Process Modelā.
- For example, in the 1970ās several major miscarriages of Justice occurred - such as the Birmingham Six.
- This led to calls for a change in the Criminal Justice System in England and Wales.
- This resulted in the introduction of:
- The CPS (Prosecution of Offences Act, 1985). Police and Criminal Evidence Act 1984 (PACE) which was created to balance the rights of suspects with the powers of the police e.g. police interviews are now recorded, suspects have the right to free legal advice through the Duty Solicitor Scheme etc.
- Human Rights Act (1998) classed the police as a āpublic bodyā which is bound by the rights contained in the Act.
Examples of the Criminal Justice System in England and Wales that are based on the Due Process Model
- The suspects right to know why they are being arrested.
- The right not to be detained indefinitely without charge.
- The right to legal representation when questioned by the police and in court.
- Rules governing the admissibility and forced concessions are not admitted.
- The prosecution has a duty to disclose evidence against the defendant, to the defence, in advance of the trial.
Example Cases
The right to request an appeal against a conviction thus allowing a retrial e.g. Sally Clarke.
