AC 1.3 Describe models of criminal justice

Question 1

models of criminal justice

Answer 1

Herbert Packer described two sets of values which shape the way criminal justice systems work

Question 2

what are the models of criminal justice

Answer 2

-due process model
-crime control model

Question 3

What is the key idea of the crime control model

Answer 3

-the goal is the suppression of crime as it is a threat to people’s freedom
-it priorities catching and punishing offenders ,deterring and preventing them from committing further crime

Question 4

What is the presumption of the crime control model

Answer 4

presumption of guilt.
It trusts the police to be able to identify those who are probably guilty through investigation and interrogation

Question 5

How is the crime control model a conveyer belt

Answer 5

Once the probably guilty are identified there is a conveyer belt approach to the justice system. It speedily prosecutes, convicts and punishes offenders

Question 6

What does the crime control model say about the police

Answer 6

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

Question 7

What does the crime control model argue about the innocence of individuals

Answer 7

If a few innocent individuals are convicted by mistake, this is a price worth paying for convicting a large number of guilty people

Question 8

What rights does the crime control model emphasise

Answer 8

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

Question 9

What is the key idea of the due process model

Answer 9

The power of the state is the greatest threat to individuals freedom and so the goal of the due process model is to protect the accused from oppression by the state and its agents

Question 10

What is the presumption of in the due process model

Answer 10

Presumption of innocence. The accused is innocent until proven guilty after a fair trial

Question 11

What does the due process model say about the police

Answer 11

-Model has less faith in the police’s ability to conduct satisfactory investigations
-incompetence means the suspects rights need to be safeguarded by a set of due process rules

Question 12

How is the due process model an obstacle course

Answer 12

The rules and procedures protecting their rights form a necessary obstacle course that prosecutors have to overcome before they can secure a conviction

Question 13

What does the due process model say about the guilty going free

Answer 13

Guilty might go free on technicalities however this is a lesser evil than convicting the innocent

Question 14

What rights does the due process model emphasise

Answer 14

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

Question 15

Which theories does the crime control model link to

Answer 15

-right realism
-functionalism

Question 16

How does crime control link to right realism

Answer 16

-It’s a right wing conservative approach
-It has connections with right realist theories of crime such as zero tolerance policing and giving police greater powers to investigate and prevent crime

Question 17

How does crime control link to functionalism

Answer 17

-it supports the idea that punishment reinforces the moral boundaries of society
-The main function of justice is to punish- society is able to express moral outrage towards the guilty which strengthens social cohesion

Question 18

Which theories does the due process model link to

Answer 18

-left realism
-labelling theory

Question 19

How does due process link to left realism

Answer 19

-this theory argues that military style policing of poor communities makes residents willing to assist police and causes confrontation
-This view then states that the police should follow due process without discrimination if they want to fight crime- they need the community to cooperate

Question 20

How does the due process link to labelling

Answer 20

-this liberal model aims to stop state agencies from oppressing people
-it’s connected to labelling theory as the police may harass groups they negatively label as typical criminals
-The model offers a layer of protection from this, police have to follow the procedure within the law

Question 21

Examples of the two models in England and Wales

Answer 21

-the rules governing the working of the justice system
-the way the system works in practice

Question 22

Rules governing the working of the justice system

Answer 22

-The rights of the individual during an investigation and trial are protected with due process rules

Question 23

Illegally obtained evidence

Answer 23

-Illegally obtained evidence is inadmissible in court such as that gained through torture or illegal searches conducted without a warrant
-However, judges can admit this evidence if they believe it will help establish the truth (probative value outweighs prejudicial effects)

Question 24

How does illegally obtained evidence link to the crime control model

Answer 24

As this evidence can be used in court it may lead to a conviction

Question 25

Rules that favour due process

Answer 25

-suspects right to know why they are being arrested -the right to remain silence when questioned -the right to legal representation when questioned by police and in court -the right to trial by jury of one's peers -the right not to be re-tried of the same offence once acquitted

Question 26

Rules that favour crime control

Answer 26

-polices right to stop, question, search and arrest -the court may draw negative conclusions if the defendant remains silent -extended police detention is allowed for questioning on suspects of indictable offences -jury trials are only for serious cases. Magistrates are more likely than jury to convict -Evidence of bad character is permitted in certain circumstances

Question 27

What does the small number of appeals indicate about the justice system

Answer 27

That defendants are satisfied with the outcome of their case and due process if followed

Question 28

Examples of miscarriages of justice

Answer 28

-Colin Stagg -Sally Clark -The Birmingham six

Question 29

What do miscarriages of justice indicate

Answer 29

In practice the justice system does not always operate according to the principles of the due process model

Question 30

Colin stagg

Answer 30

victim of attempted entrapment following the murder of Rachel Nickell. Despite any evidence against him, the police were convinced he was the killer and tried to use a honey trap to trick him into confessing

Question 31

Sally clark

Answer 31

Wrongly jailed for the murder of her 2 baby sons partly as a result of the home office pathologist and prosecution witness failing to disclose relevant information to her defence lawyers.

Question 32

The Birmingham six

Answer 32

Wrongly convicted of 21 murders after police fabricated evidence against them, deprived them of sleep and food and used violence against them. The judge wrongly deemed the confessions admissible as evidence while excluding defence evidence