AC1.3 Describe Models of Justice Flashcards

1
Q

Who came up with the 2 models of justice?

A

Herbert Packer, a Stanford University Law Professor.

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2
Q

What are the names of the 2 models of justice?

A

1) Due Process

2) Crime Control

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3
Q

What are the main principles of the Due Process model?

A
  • Presumption of innocence of the suspect.
  • Rights of the defendant are protected.
  • Cases are examined in detail to avoid mistakes.
  • Police powers should be limited.
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4
Q

Which realism ideology does the Due Process model link to?

A

Left Realism.

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5
Q

Give some examples of law which link to the due process model and explain how they link.

A
  • Police and Criminal Evidence Act 1984: interviews must be recorded, presumed right to bail, right to free legal advice.
  • Human Rights Act 1998: innocent until proven guilty, right to fair trial, forbids torture.
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6
Q

Give some examples of cases which link to the due process model and explain how they link.

A
  • Sion Jenkins: appealed 3 times which shows presumption of innocence and time spent on one case.
  • Gary Weddell: was released on bail for murder which shows presumption of bail.
  • Thompson and Venables: shows how right to fair trial is upkept.
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7
Q

What are the main principles of the crime control model?

A
  • Protects rights of victims over defendants.
  • Wants quick process of cases.
  • Police powers should be enhanced to gain a conviction in any way needed.
  • Aims to punish offenders.
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8
Q

Which realism ideology does the Crime Control model link to?

A

Right Realism.

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9
Q

Give some examples of law which link to the crime control model and explain how they link.

A
  • Criminal Justice Act 2003: previous convictions and ‘bad character’ evidence now allowed in court, as well as the removal of the double jeopardy rule.
  • Terrorism Act 2006: pre-charge detention time extended to 28 days for terrorism suspects.
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10
Q

Give examples of cases which link to the crime control model and explain how they link.

A
  • Colin Stagg: Police used Lizzie James undercover letters to try and obtain a conviction.
  • Barry George: Police looked over case details and convicted on small piece of evidence.
  • Gareth Hughes: Police were convinced he was the killer and tried to get a conviction as quickly as possible.
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