AC 1.3: Describe models of criminal justice Flashcards
give 4 features of left realism.
1) inequalities in socialism
2) against capitalist society
3) People are motivated by consumerism and materialism and turn to crime
4) Left realists believe that gradual social change is needed as well as practical solutions
give 4 features of right realism
1) political conservatism
2) social bonds ‘underclass’
3) The poor are the problem, they have a RATIONAL CHOICE to commit crime
4) Poverty and unemployment cause crime
describe the ‘due process model of criminal justice’
- left realist
- favours right to fair trial
- supports presumption of innocence
- regards pre-trial detention as a last resort
- maintains legal limits on police powers
how does the DPM differ from the crime control model?
- most important function should be to provide due process.
- criminal justice process ‘legislative obstacle course’, procedural safeguards protect innocent and guilty
- protect right to fair trial (e.g. burden of proof, right to representation
- limited police powers prevent oppression of individual (must have reasonable suspicion S24 PACE)
- courts held accountable (complex rules on evidence)
what are the areas of law that support the due process model
- PACE 1984
- all interviews recorded
- suspects have right to legal representation
- human rights act 1998 allows for criminal justice practices to be thoroughly looked at from a Human Rights perspective.
what is a case example of DPM
Sion Jenkins – had the right to appeal against a conviction, thus allowing a retrial
describe the crime control model
- socially conservative (right realist)
- cases should be disposed of quickly
- swifter justice & punishment (conveyor belt on a factory assembly-line)
- legal technicalities that limit police powers should be removed
- promotes victims rights over defendants rights