AC1.3 Describe models of criminal justice

Question 1

Crime Control

Answer 1

This model looks at the role of the Criminal Justice System and believes it should be a system that is there to protect the public and victims of crimes as opposed to the focus on fairness for all of those involved. This model starts from the presumption of guilt and emphasises punishing those who are guilty.

It places trust in police as to identifying those who are probably guilty and believe that they should be free from unnecessary legal technicalities that prevents them from investigating crime.

Question 2

Examples of area of law that supports the crime control model

There are three

Answer 2

• Allowing the introduction of ‘bad character’ evidence and previous conviction information
• The removal of the double jeopardy rule for murder and other serious offences
• The extended pre-charge detention time for terrorist offences.

Question 3

Due Process

Answer 3

This model places emphasis on the rights of defendants and believes that these rights need to be safeguarded by a set of rules that investigations and trials must follow in order to protect the accused from being oppressed by the state and its agents.It starts at the presumption of innocence until proven guilty

It has less faith in the police’s ability to conduct satisfactory investigations.

Question 4

Examples of areas of law that support due process mode

Answer 4

• the acknowledgment of the police procedural safeguards through the introduction of the Police and Criminal Evidence Act of 1984
• All interviews are now recorded and suspects have the right to legal representation
• the Human Rights Act 1998 allows for criminal justice practices to be thoroughly looked at from a Human Rights perspective.