AC1.3 - Describe models of criminal justice.

Question 1

Crime Control Model

Answer 1

• Greatest threat to society is crime
• Victim’s rights are paramount.
• They see the criminal justice system as a ‘conveyor belt’ that pushes cases to reduce the time in the legal procedure (also known as ‘swift justice’).
• We should trust the police to do their job - ‘shackles’ should be removed.
• AIM: As many guilty people put into prison as possible.
• Suspect guilty until proven innocent.
• They favour factual guilt.

Question 2

Case/s to support the Crime Control Model

Answer 2

• Colin Stagg
• Barry George
• Guildford 4

Question 3

Factual Guilt

Answer 3

• Does not matter how it happened, only that it did.

Question 4

Due Process Model

Answer 4

• Greatest threat to society is oppression of the state of individuals freedom.
• Care for the rights of the suspect/defendant.
• They see the criminal justice system as an ‘obstacle course’ - the state needs to follow the correct procedure.
• Suspect innocent until proven guilty - maintain integrity (no innocent people go free).
• They favour Legal Guilt.

Question 5

Case/s to support the Due Process Model

Answer 5

• Sion Jenkins
• Gary Weddell
• Stockwell 6

Question 6

Evidence of support - Due Process Model

Answer 6

• Interviews are now recorded and suspects have the right to legal representation.
• Due Process measures have been successfully adopted - Police and Criminal Evidence Act (PACE 1984), identified the lack of procedural safeguards in police interviews.
• Disclosure of ALL evidence.
• Search warrant into someone’s home.
• Cross-examination of witnesses.

Question 7

Evidence of Support - Crime Control Model

Answer 7

• Allowing the introduction of bad character evidence and previous conviction information for the courts to consider when deliberating a verdict.
• Terrorism Act 2006 - detaining for 14 days.
• Criminal Justice Act - 2 serious offences = life in prison.
• Covert Human Intelligence Sources Act 2021.

Question 8

Legal Guilt

Answer 8

• Has to be proven, prosecution has to find you guilty, prove it in the court of law.

Question 9

Theories that link to the Crime Control Model

Answer 9

• Right Realism - Conservative approach, tough on crime/zero tolerance, gives police greater powers to investigate and supress crime.
• Functionalists - main point of justice is to punish the guilty, enables society to express its moral outrage and strengthen cohesion.

Question 10

Theories that link to the Due Process Model

Answer 10

• Labelling Theory - liberal approach, aims to stop state agencies like the police from oppressing people, Police may be tempted to harass groups they label negatively as ‘typical criminals’, Due Process offers protection from this.
• Left Realism - oppressive ‘militaristic policing’ of poor areas, triggers confrontations and makes residents unwilling to assist the police. Left Realists says that police must follow the due process by acting in an unlawful and non-discriminatory way if they want to fight crime effectively - which can depend on the cooperation of the community.