AC1.3 Describe model of criminal justice

Question 1

What are the two model of criminal justice?

Answer 1

The crime control model and the due process model

Question 2

Describe the key aspects of the crime control model

Answer 2

• The goal is to suppress crime
• It prioritises catching and punishing offenders, deterring and preventing the from committing further crime
• It starts on the presumption of guilt
• It puts full trust in police to find those that are guilt through investigations and interrogations
• It says that police should be free from unnecessary legal technicalities e.g. how long they can hold someone for
• It favors the conveyor belt of the justice system when the probably guilty are identified it goes on to quickly prosecute, convict and punish offenders
• It argues that if a few innocent people are caught in the process it is worth it for the mass number of guilty people being convicted
• It emphasises the rights of society to be free from crime

Question 3

How does right realism link to the crime control model?

Answer 3

• The crime control is a right wing conservative approach to justice
• It favours giving the police greater powers to investigate crime and zero tolerance policies

Question 4

How does functionalism link to the crime control model?

Answer 4

• The crime control model links to Durkheim’s functionalist theory that punishment reinforces societies moral boundaries
• As the main function of justice is to punish the guilty, this enables society to express its moral outrage and strengthen moral cohesion

Question 5

What are the key aspects of the due process model?

Answer 5

• The power of the state is the greatest threat to an individuals freedom so the goal of the due process model is to protect the accused from the oppression by the state and its agents
• Starts from the presumption of innocence, innocent until proven guilty after a fair trial
• It has less faith in the police’s ability to conduct satisfactory investigation
• It opposes the conveyor belt of justice and instead favours an obstacle course made up of procedures protecting the right’s of the defendant that the prosecutors must overcome before securing a conviction
• This means some guilty may go free but this model argue that its better than the innocent being punished
• This model emphasises the rights of an accused individual over the rights of society

Question 6

How does labelling theory link to the due process model?

Answer 6

This model aims to stop the state and its agencies from oppressing people therefore linking to labelling theory as

• the police may be tempted to act illegally and harass groups they label as typical criminals
• the dues process model offers some protection from this because it requires police to follow lawful procedures and not exceed their powers

Question 7

How doe left realism link to the due process model?

Answer 7

• This argues that the oppressive militaristic policing of poor areas triggers confrontations and makes residents unwilling to assist the police.
• 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.

Question 8

What rules governing the working of the justice system currently support the crime control model (8 in total)

Answer 8

• Police’s right to stop and search
• Extended police detention for questioning on indictable offences (36 + 96hrs) and for terrorist offences (14 days)
• The court may draw negative inferences if the defendant decides to remain silent when questioned
• Jury trials are only for serious cases and magistrates are more likely to convict
• Appeal rights aren’t always automatic
• Change to the double jeopardy rule allows a second prosecution if “new and compelling” evidence emerges
• Evidence of bad character/previous convictions is permitted in certain circumstances
• PII certificates may allow the prosecution to avoid disclosing evidence

Question 9

What rules governing the working of the justice system currently support the due process model?

Answer 9

• The suspects rights to know why they are being arrested
• The right to remain silent when being questioned by the police and in court
• The right to legal representation when questioned by the police and in court
• The right to a trial by a jury of one’s peers
• The right to appeal against conviction or sentence
• The right to not be re-tried for the same offence once acquitted
• Rules governing the admissibility of evidence in court
• The prosecution has a duty to disclose any evidence against the defendant in advance of the trial

Question 10

What model link to Colin Stagg case?

Answer 10

The crime control model

• police believed he was the killer so took advantage of their powers
• They ignored legal technicalities in the honey trap as they tried to trick him into admitting his guilt

Question 11

How does the Sally Clark case highlight the fact that the justice system doesn’t always work to the due process model?

Answer 11

• She was wrongfully jailed for the murder of her two baby sons- opposing the due process model
• Alan Williams had failed to disclose relevant evidence to her defence lawyers