AC 1.3 Describe models of criminal justice Flashcards
What are 2 main models of criminal justice
Due process
Crime control
Describe the due process model
The goal
Where does the model start
Trust in police ?
Suspects and defendats rights safegaurded by what?
Converyer belt or necessary obstacles
Describe point on technicality
Protecting whos rights first?
Example of due process model failing
Due process model
The goal of the due process model is to protect the accused from oppression by state and its agents. These include the police, prosecution and judges
The model starts from a presumption of innocence. innocent until proven guilty
Less faith in the police’s ability to conduct satisfactory investigations. Incompetence, dishonesty etc mean that suspects and defendants rights must be safeguarded by a set of due process rules that investigations and trial must follow. These include rules about arrest, questioning, legal representation, admissibility and disclosure of evidence, cross examination of witnesses, no secret trials.
Rather than a conveyor belt carrying the accused swiftly to punishment, the rules and procedures protect their rights through a necessary obstacle course that prosecutors have to overcome before they can secure a conviction
This means that the guilty sometimes go free on a ‘technicality’ BUT this is less evil that convicting an innocent, such as the crime control model suggests
The model emphasises the rights of the accused individual rather than those of the victim of society.
Garry Wedell - due to stand trial in 2008 for murdering his wife Sandra, he was granted bail after his brother (a barrister in London) agreed to £200,000 surety - whilst on bail his murdered his mother in law and then himself - does innocent until proven guilty work?
Describe crime control model
What is the goal
Priorities?
Whos rights protected first
Conveyer belt?
What does the process begin with?
Trust in police?
Point about legal technicalities
What is worthwhile through the crime control model?
Describe case of colin stagg - miscarraige of justice - example of sacrifice made through beginning process with guilt presumption
Crime control model
Goal is suppression of crime by any means necessary
Priorities catching and punishing offenders, deterring and preventing them from committing further crime
Focus on protecting the rights of society rather than the defendants
Assembly line conveyer belt justice system
Starts with the presumption of guilt
Trust in police to correctly identify those who are probably guilty
Police should be free from unnecessary legal technicalities to prevent them from investigating crime
Argues that it is worthwhile for a few innocent people to be wrongly convicted as the majority of people investigated are guilty
Colin Stagg spent 13 months in prison after being wrongfully convicted of killing Rachel Nickell, he was freed after the judge ruled it unlawful, as Stagg was set up by a honeytrap from the police. Robert Napp later confessed to her murder. This is a high-profile example of a sacrifice that is made through the assumption that all those investigated were guilty.
Links to theories
Describe:
-Crime control model and theory -
-Right realism + example of policy
-Functionalism + Durkheim
Links to theories
Crime control model and theory -
Right Realism:
- the crime control model, is a right wing, conservative approach to justice and it has much in common with right realist theories of crime. E.g zero tolerance policing strategies, it favours giving the police greater powers to investigate and suppress crime
Functionalism:
- the crime control model, has links with Durkheim’s functionalist theory, and punishment reinforces societal moral boundaries. As the main function of justice is to punish the guilty, it enables society to express its moral outrage and strengthen social cohesion.
Links to theories
Describe
-Due process model and theory -
-Labeling theory
-Left realism
Due process model and theory -
Labelling theory:
-the due process model is a liberal approach. Aims to stop state agencies (e.g police) from oppressing people. Has links to labelling theory. Police may be tempted to act illegally, harassing groups that they label negatively, as ‘typical criminals’. Due process model offers some protection against this because it requires police to follow lawful procedures and not exceed their power
Left realism:
- argues that oppressive ‘militaristic policing’ of poor areas triggers confrontation and makes residents unwilling to assist the police. They’re view is police must follow due process by acting in a lawful and non discriminatory way if they want to fight crime effectively since this depends on the cooperation of community
three rules favouring due process
Suspects right to know why they are being arrested
Right to remain silence when questioned by police and in court - as it prosecution job to prove guilt and not the accused job to prove their innocence
The right not to be detained indefinitely without charge
three rules favouring crime control
Police rights to stop, question, search and arrest. Right to stop search without giving reason in certain circumstances
Court may draw negative inferences if the defendant remains silent when questioned by police of fails to testify in court without good reason
Extended police detention is allowed for questioning on suspicion of indictable offences (26 + 96 hours) and terrorist offences (14 days)
