AC 1.3 - describe models of criminal justice

Question 1

due process model

Answer 1

Herbert Packer argued that this tension accounts for conflict & disharmony observable in the US criminal justice system

Question 2

due process model: perspective on trial

Answer 2

• favours right to a fair trial
• presumption of innocence
• regards pre-trial detention as a last resort
• maintains legal limits to police powers

Question 3

due process model: crime control

Answer 3

• provide due process
• criminal justice should be a legislative obstacle course
• procedural safeguards that protects innocent & convicts the guilty
• long & difficult process to ensure correct decision is made
• process should protect D’d rights (burden of proof, right to representation)
• limited police powers to prevent official oppression

Question 4

due process: laws to support

Answer 4

• police powers limited
  
  • police should have reasonable suspicion (S24 Police & Criminal Evidence 1984)
  • interviews recorded
  • right to legal representation
• human rights act 1998
  
  • allows for criminal justice practices to be thoroughly looked at from human rights

Question 5

due process: sion jenkins

Answer 5

• convicted of murder of his foster daughter
• tools 6 years to find out he was innocent
• due process model not applied

Question 6

due process: gary weddel

Answer 6

• killed his wife & disguised it as a suicide
• released on bail but committed suicide and evidence was found to prove that he did

Question 7

crime control model

Answer 7

• socially conservative perspective of criminal justice process

Question 8

crime control model: assembly-line conveyor belt justice

Answer 8

• crime control is most important function
• cases should be disputed of quickly
• deterrent effect of swifter justice & punishment of offenders are desirable goals
• eg: harsher punishments after 2011 London Riots

Question 9

crime control model: emphasises needed for

Answer 9

• expansion of police powers & policing to control crime
• promotion of victim’s rights
• rules of evidence that favours prosecution of suspects
• swifter & harsher punishments

Question 10

crime control model: guildford 4

Answer 10

• convicted of pub bombing in 1974
• confessed after intense police interrogation (tortured & abused by police)
• police had too much power & were publicly wanted to arrest someone

Question 11

crime control model: Colin Stagg

Answer 11

• used honey trap to try and get him to confess to the murder of Rachel Knickell
• breached police powers and led to a longer investigation