AC1.3 - Describe models of criminal justice Flashcards
What is the crime control model?
- Seeks quick and efficient disposal of criminal cases, similar to an assembly line or conveyor belt
- The aim is to punish criminals and stop them committing further crime
- They argue that the greatest threat to freedom is crime
- Police should be from from unnecessary legal technicalities - warrants, full code test, that prevents police investigating
- Emphasises right of society and victims to be protected from crime rather than the rights of suspects
- Presumption of guilt
- Trusts police to identify those who are probably guilty through investigations and interrogations
- Argue few innocent are convicted by mistake. Price worth paying for convicting a large No guilty people
How does the crime control model link to right realism?
They focus on crime prevention and holding the individual accountable so would support this model. They favour a tougher stance on dealing with crime. They would agree with quicker and harsher prosecution because this means more criminals are caught whilst others are deterred
What are the laws which support the crime control model?
- Allowing for the introduction of ‘bad character’ evidence and previous convictions/information for the courts to consider when deliberating a verdict
- The removal of the double jeopardy rule for murder and other serious offences
- The extended pre-charge for detention time for terrorist offences - now 28 days
What are the cases that link to the crime control model?
Colin Stagg and Barry George
How does the Colin Stagg case link to the crime control model?
Honey trap evidence will be admissible if it benefits the case more than hindering it. This shows that crime control is in place because they used an unethical investigative technique to get a confession. Honey trap being illegal is an unnecessary legal technicality so were right to use it. Stagg was innocent
How does the Barry George case link to the crime control model?
This case had little evidence but they have aimed to convict at any court. He had gun shot residue in his pocket which was found a year later. This was a tiny amount but was used against him. Found pictures of Jill in his possessions. His conviction was overturned. Shows the crime control model because they thought he was guilty and took him to court with the little evidence to help find him guilty
What are some examples of unnecessary legal technicalities?
- Warrants
- Want to make honey traps legal
- Convictions needing lots of evidence
- Confidentiality
- Rights for suspects - should be allowed to gain forced confessions
- Remove Full Code Test
What is the Due Process Model?
- Presumption of innocence
- Power of the state is the greatest threat to an individual’s freedom and so the goal is to protect the accused from any oppression
- Accused is seen as innocent until proven guilty after a fair trial
- Has led to less faith in the police’s ability to conduct satisfactory investigations
- Incompetence, dishonest etc mean that the suspect’s and defendant’s rights need to be safeguarded by a set of due process rules that investigations and trials must follow
- These include rules about arrest, questioning, legal representation and admissibility of evidence and disclosure of evidence, cross examination of witness, no secret trials etc.
- Rather than a conveyor belt carrying the accused swiftly to punishment as seen in the crime control model, the rules and procedures protecting their rights form an necessary obstacle course that prosecutors have to overcome before they can secure a conviction
- The model argues this is a less evil than convicting the innocent
- This means that the guilty sometimes go free on a technicality e.g., when prosecution rely on illegally obtained evidence
- It emphasises the rights of the accused rather than the victim or society
- When cases are rushed it can lead to the wrong person being accused
How does the Due Process Model link to left realism?
They focus on the suspect and their rights and the reasons why people commit crimes so should be a more thorough process in investigations
What are the laws which support the due process model?
- The acknowledgment of the need for police procedural safeguards, through the intro of the Police and Criminal Evidence Act (PACE, 1984)
- All interviews are now recorded, and suspects have the right to legal representation and silence
- The Human Rights Act 1998 allowed for criminal justice practices to be thoroughly looked at from a Human Rights perspective which ensures a fair trial
What are the cases that link to the due process model?
Sion Jenkins and Garry Weddell
How does the Sion Jenkins case link to the due process model?
Accused of killing his foster daughter. Acquittal after jury couldn’t come to a conclusion. Given 2 retrials and was found not guilty so was acquitted. This fits with the due-process model because of the presumption of innocence
How does the Gary Weddell case link to the due process model?
In 2008, he was due to stand trial for murdering his wife. Whilst on bail he killed her mother before killing himself too. He was given a chance because he was let out on bail which is an example of the model
What type of evidence would the due-process want to be banned?
Entrapment, evidence being collected without a warrant and forced confessions
