AC1.3 Flashcards
what is the crime control model?
the goal of the model is the suppression of crime.
it prioritises catching and punishing offenders, deterring and preventing them from committing further crime.
starts from a presumption of guilt.
states that the police should be free from unnecessary legal technicalities that prevent them investigating crime.
argues that if a few innocent people are occasionally convicted by mistake, this is a price worth paying for convicting a large number of guilty people.
theorist relating to the crime control model
the crime control model is supported by right realism which favours giving the police greater powers to investigate and suppress crime, as well as tougher punishments.
case example - crime control model
Colin Stagg
the aim was to secure a quick conviction
during investigation, the Met Police used a honey trap to try and get Stagg to confess. This resulted in the actual offender, Robert Knapper, being missed.
this shows how they would advocate for use of bad character evidence which creates bias.
legislation relating to the crime control model
favours removing the Police and Criminal Evidence Act 2003 to give the police more power.
would want the double jeopardy law abolished a they don’t want people to be able to appeal.
what is the due process model?
the goal of the model is to protect the accused from oppression by the state and its agencies.
starts from a presumption of innocence.
emphasises the rights of the accused individual rather than those of the victim or society.
rules and procedures form more obstacles that prosecutors have to overcome before they can secure a conviction.
theorist relating to the due process model
labelling theory - aims to stop agencies like the police from oppressing people. This model offers some protection as it requires the police to follow lawful procedures and not exceed their powers.
links to left realism as they believe 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 the community.
case example - due process model
Sion Jenkins
- right to appeal allowed a retrial following conviction.
legislation relating to the due process model
PACE and Human Rights Act are important to safeguard defendants.
