AC1.3 Flashcards
crime control model/ conveyor belt
- guilt of accused is implied in order to protect society from danger
- rights of society and victim
- prevention and reduction of crime main aim
- pro police powers
theories of crime control model
right realism - prioritise order instead of justice because crime has been caused by lack of self control.
- zero tolerance approach
functionalism - crime and punishment needs to happen to bring legal change/ boundary maintenance.
- justice system punishes, society can demonstrate disapproval
rules governing working justice system in favour of crime control
- stop and search
- juryless trial
- double jeopardy - abolished
- no automatic right to appeal in some cases
- evidence of bad character
- negative inference when suspect remains silent
cases that illustrate crime control model
colin stagg - ‘honey trap’ example of entrapment, enhanced police powers to get suspect
stephen lawrence - double jeopardy - tried again new and compelling evidence, protect community/victim
due process model/ obstacle course
- presumes innocence of individual and that every person has a right to a fair trial,
- police powers limited to prevent oppression
- rights of accused instead of victime/ society.
provide appropriate safeguards for accused i.e. PACE
theories that link due process model
labelling theory - someone is stamped with a label, they become it ‘self fulfilling prophecy’ .
- don’t want to oppress those who are labelled as ‘typical criminal’.
left realism - (1984) there should be minimal use of prisons (only when danger to community) and individuals must be marginalized.
- relative deprivation creates vulnerable communities and lead to criminal victimisation
rules governing working justice in favour of due process
- right to remain silent
- right to legal representation
- right to trial by jury
- right to know why you are being arrested
- admissibility of evidence i.e. hearsay
- prosecution duty to disclose info to defence
cases that illustrate due process model
sally clarke - guilty verdict due to expert testimony, but she was allowed to appeal first conviction.
- had been wrongfully convicted, was unsuccessful she killed herself.
stephen lawrence - police approach protected suspect more then victim, double jeopardy not allowed to be tried again
- unsuccessful guilty suspects let out.