AC1.3

Question 1

What does the crime control model do with criminal behaviour?

Answer 1

It supresses and controls criminal behaviour as a function of public orders in society

Question 2

What does the crime control model start with?

Answer 2

The presumption of guilt, trusts police to be able to identify those who are probably guilty through investigation.

Question 3

What criminal justice system does the crime control model follow?

Answer 3

A criminal justice system that processes criminals in an efficient and consistent manner. It argues that if few innocent people are occasionally convicted by mistake this is a price worth paying for convicting a large number of guilty people.

Question 4

What does the crime control model favour?

Answer 4

Once probable guilty are identified, this model favours a assembly line criminal justice system that should be swift and severe punishments.

Question 5

What does the crime control model emphasis and what does it infringe on?

Answer 5

Model emphasises rights of society and victims to be protected from crime , rather than the rights of suspects. It infringes on the rights on individuals.

Question 6

How does right realism link to the crime control model?

Answer 6

When crime is a real problem, it gives 3 causes of crime:
1. Rational choice - deciding to commit a crime is a choice based on a rational calculation.
2. Inadequate socialisation - effective socialisation reduces the chances of engaging in crime, lone parents inadequately socialise their children leading to crime.
3. Biological difference - personality difference e.g. anger and low IQ leads to offending

Question 7

How does functionalism link to the crime control model?

Answer 7

Links to Durkheim’s functionalist theory that punishment reinforces society’s moral boundaries. As main function of justice is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion.

Question 8

What does the due process model do with criminal behaviour?

Answer 8

Protects the accused from oppression by the state and its agents.

Question 9

What does the due process model start with?

Answer 9

The presumption of innocence, has less faith in the police’s ability to conduct satisfactory investigations.

Question 10

What criminal justice system does the due process model follow?

Answer 10

A criminal justice system that represents fair and equitable treatment of all cases and all offences during each stage of the process. Punishment should be fair and just, it is better that some guilty go free than to risk incarcerating the innocent.

Question 11

What does the due process model favour?

Answer 11

The rules and procedures protect their rights from a necessary obstacle course that prosecutors have to overcome before they can secure a conviction.

Question 12

What does the due process model emphasis and what does it ignore?

Answer 12

Model emphasises the rights of the accused individual rather than those of the victims or society. It ignores crime victims and gives too much leeway for criminals to escape justice.

Question 13

How does left realism link to the due process model?

Answer 13

argues that oppressive ‘militaristic policing’ of poor areas triggers confrontations and make residents unwilling to assist the police. It gives 3 causes of crime:
1. Marginalisation - people on the margins of society are not supported or represented and therefore more likely to engage in crime
2. Relative deprivation - people recognise that they are less well off and may turn to crime to close the deprivation gap.
3. Subcultures - those who cannot achieve in mainstream society will turn to a subculture (deviant or religious)

Question 14

How does labelling theory link to the due process model?

Answer 14

Police may be tempted to act illegally, harassing groups that they label negatively as ‘typical criminals’ The due process model offers protections against this because it requires the police to follow lawful procedures and not exceed their powers.

Question 15

What rules governing the due process model?

Answer 15

• rights of suspects
• right to remain silent
• right not to be detained indefinitely
• right to legal representation
• right to trial by a jury of ones peers
• right not to be retried from the same offence once acquitted
• right to appeal
• rules governing admissibility of evidence in court e.g. hearsay, entrapments
• prosecution has a duty to disclose evidence in advance.

Question 16

What rules govern the crime control model?

Answer 16

• polices right to stop search and arrest without a reason
• court can draw negative inferences if defendant remains silent
• extended police detention is allowed for questioning on suspicion of indictable offences
• restrictions on legal aid
• jury trials for serious cases only
• appeal rights are not always automatic
• change to double jeopardy rule allows a second prosecution
• evidence of bad character can be permitted
• public interest immunity certificates allow prosecution to avoid disclosing evidence.

Question 17

What model was involved in the case of Colin Stagg?

Answer 17

Crime control
Model used in the investigation when police became convinced that he was the killer and tried to use a honey trap to trick him into confessing to the crime.
This form of entrapment follows the crime control model as they ignored his rights.
Police aimed to quickly dispose of case so Colin was treated unfairly.
Showed rights as not a priority to law enforcement, saw him as guilty until proven innocent.

Question 18

What model was involved in the case of Sion Jenkins?

Answer 18

Due process
Sion convicted of murdering his foster daughter, she had been battered around the head with a metal tent peg and left to die.
Sion sentence to life imprisonment, appealed against conviction twice, resulting in a retrial and eventual acquittal.
The right to appeal and having another trial shows defendants rights being respected over victims.
Thorough investigations to prevent wrongful convictions and legal obstacles to be overcome if a defendant is to remain in prison.

Question 19

What model was involved in the case of the Birmingham 6?

Answer 19

Crime control
Wrongly convicted of 21 murders after police fabricated evidence against them.
Deprived them of sleep and food and used violence and threats to extract confessions.
Judges wrongly deemed the confessions admissible as evidence while excluding defence evidence.
The prosecution presented dubious and unreliable forensic evidence against the 6.