AC1.3 Flashcards
examples of when the models of crime can be applied to real life cases
1- colin stagg - police used honey trap to convict him of the murder or Rachel Knickell
2 - sally clark was wrongly convicted of the murder of her two baby sons because of the incompetence of a pathologists
3 - birmingham 6 - wrongfully convicted of pub bombing and police fabricated evidence, deprived them from sleep and food and used violence to extract confessions
what are the two models and who developed them
due process and crime control
herbert packer 1968
what is the crime control model
it starts from ‘presumtion of guilt’ and trusts the police to identify guilty through investigations
police should be free from any sort of legal boundaries preventing their investigations
once ‘probably guilty’ identified, it favours a conveyor belt system that speedily convicts
argues that if a few people are occasionally convicted by mistake then its a price worth paying for convicting large amounts of people who are actually guilty to get justice
the rights of society and the victim are protected from crime rather than the rights of suspected
what is the due process model
the power of the state is the greatest threat to an individuals freedom
its aim is to protect the accused from oppression from state
it is the presumption os innocence and they will remain innocent until proven guilty after a fair trial
police are incompetent and the due process rules safeguards defendant’s rights eg they are a necessary obstacle until you get convicted
the model emphasised rights of the accused individual rather than those of the victim or society
link the due process model to theories
labeling theory - liberal approach which stops state agencies from oppressing people. due process prevents police from negatively labelling ‘typical criminals’. police have to follow lawful procedures and not exceed their powers
left realism - due process follows them to act lawfully to expect the community to co-operate with them. more ‘miliaristic policing’ of poorer areas makes residents unwilling to assist police
link the crime control model to theories
right realism - right wing, zero tolerance to crime and greater policing powers to investigate and suppress crime, rational choice theory
functionalism - Durkheim: punishment reinforces societies moral boundaries and enables society to express its moral outrage
what are the rules in the uk favouring the crime control model
police rightd to stop and search without giving reason in some cicumstances
the court can draw negative inferences if defendent remains silent
restrictions on availability of legal aid on serious crimes
rules favouring the due process model
suspects right to know why they’re being arrested
right to remain silent
right to legal representation when questioned by police and in court
