ac1.3: describe models of criminal justice

Question 1

who developed the 2 models?

Answer 1

herbert packer

Question 2

what does the due process model focus on?

Answer 2

• the interests of the individual suspect confronted by the state
• the presumption of innocence, a person is innocent until proven guilty
• safeguarding the rights of the individual to prevent a moj

Question 3

under this model the justice system is

Answer 3

a lengthy process focused on fairness, achieved via protecting the defendant’s human rights

Question 4

what does it believe the police should have?

Answer 4

limited powers to prevent oppression

Question 5

legislative obstacles

Answer 5

areas of the law/rules that cases must overcome before a conviction can occur, it ensures a fair and correct verdict

Question 6

the police and criminal evidence act (PACE) 1984

Answer 6

PACE acknowledged the need for procedures and regulations within the police, so things are regulated which increases fairness and equality

Question 7

police interviews

Answer 7

all now have to be recorded and all suspects have a right to legal representation. so interviews can be inspected to ensure rights are being protected

Question 8

the human rights act 1998

Answer 8

allows for criminal justice practices to be looked at from a human rights perspective. human rights must be protected from arrest to appeal, the process isn’t fair if they are disrupted

Question 9

sion jenkins

Answer 9

• he was able to appeal his conviction
• this was one of his rights
• under this model, this right exists to decrease the likelihood of a moj

Question 10

gary weddell

Answer 10

• he was given bail
• this is another example of a defendant being given their legal rights

Question 11

thompson and venables

Answer 11

• they were protected using the european convention on human rights
• since they were 10 when they committed the murder, both of their identities were protected

Question 12

what theory does this link to?

Answer 12

left realism
- the model is focused on inequality due to a capitalist society, as well as fairness and preventing moj
- this creates a more equal and caring society to help eliminate crime

Question 13

what does the crime control model focus on?

Answer 13

• a quick and efficient suppression of criminal activity and cases
• it aims to punish criminals and prevent further crime
• it protects victim rights

Question 14

what does it believe the police should have?

Answer 14

enhanced powers - increasing the police’s ability to do something or act in a certain way

Question 15

what is the crime control model compared to?

Answer 15

a conveyor belt - the model aims to move cases through the criminal justice system as quickly as possible

Question 16

bad character evidence

Answer 16

allowing bad character evidence and previous convictions to be heard in court, increasing the likelihood of a conviction

Question 17

double jeopardy

Answer 17

the removal of the double jeopardy law means people can be tried for the same crime multiple times if new evidence is found, helping with the model’s aim of punishing suspects

Question 18

extended pre-charge

Answer 18

for a terrorist offence, the pre-charge time can be extended, so more evidence can be collected to build a stronger case and help ensure a conviction

Question 19

colin stagg

Answer 19

• the model aims to get a conviction at any cost
• the police used entrapment in order to force a confession out of him, gaining evidence for a conviction

Question 20

barry george

Answer 20

• the model aims to get a conviction at any cost
• the police built their case on unreliable evidence

Question 21

what theory does this link to?

Answer 21

right realism
- falls under the zero tolerance approach (relentless order maintenance and law enforcement against all crime)
- it doesn’t account for the causes of crime and just aims to complete cases