AC 1.3 Describe Models Of Justice Flashcards
Outline 4 key features of the due process model
-believe that the government is a threat to people’s freedom and there should be rules in place to protect suspects
-suspects should be treated as innocent until proven guilty
-investigations should be slow and all evidence should be properly examined
-believe the police can be incompetent, corrupt and dishonest and should follow strict rules
what are two areas of the law where due process can be seen
Police and Criminal Evidence Act (PACE) - so the police have to follow rules on arrest, interview etc
Human rights act - so people are treated fairly
what 3 theories can you link the due process model too
Left realism
Marxism
Interactionism
how does the due process model link to left realism
if the police follow the rules correctly the public will start to trust them again, if they are oppressive people won’t like them
how does the due process model link to to marxism
marxism believes that the government are powerful and can take peoples freedom away, which is why the police have to follow rules and get the public’s acceptance
how does the due process model link to interactionism
aims to stop the justice system against harassing people who they think are criminals, the police shouldn’t overuse their powers and have to work with the public
how is the birmingham six case an example of how the police and CJS didn’t follow the due process model
the police fabricated evidence against them, deprived them of sleep and food and also used a lot of violence and threats against them
how does the due process model
link to the bingham justices 1974
bias by magistrate, when the defendants evidence contradicted that of a police officers the chairman of the magistrates said ‘’my principle in such cases has always been to believe the police officer’
how does the due process model link to the sion jenkins case positively
-evidence was submitted late so it wasn’t used, this was fair on sion as evidence on defence team wasn’t a shock
- appealed 3 times, which shows fairness and full investigation by prosecutors so if convicted it’s fair
how does the due process model link to the sion jenkins case negatively
a lot of evidence to prove his guilty but still acquitted, not fair
what’s four key features of the crime control model
-sees crime as one of the biggest issues in society and that it needs to be controlled, it believes offenders need to be dealt with harshly to deter them from committing crime
-suspects are treated as guilty and they are required to prove that they’re innocent
-suspects should be dealt with quickly like a conveyer belt approach, may result in some innocent going to prison but it’s worth it
-focused on the rights of victims and protecting society
where are two areas of the law where you can see the crime control model
-Allowing bad character evidence and other previous convictions when reaching a verdict
-the removal of the double jeopardy law for murder and indictable offences
what’s two theories you can link the crime control theory too
right realism
functionalism
how does crime control link to right realism
being harsher with criminals will deter people from committing further crime
how does crime control link to functionalism
punishing offenders enforced boundary maintenance where society are reminded of what is right and wrong
