AC1.3 Describe Models Of The Criminal Justice Models Of Criminal Justice Flashcards
What is the crime control model?
-Goal of the model is the suppression of crime.
-model starts from a presumption of guilt.
-it states that police should be free from unnecessary legal technicalities that prevents them investigating crime.
-model argues that if a few innocent people are occasionally convicted by mistake, it’s a price worth paying for convicted a large number of guilty people.
- also emphasises the rights of society and victims, rather the rights of suspects.
Crime control theorist
-Supported by right realism
- favours giving the police greater powers to investigate and suppress crime.
Crime control case examples
Collin stagg case- honey trap favoured by the crime control model.
Crime control legislation
-favours removing police and criminal evidence act 1984 (PACE) to give police more power.
The due process model of justice definition
-The goal of the model is to protect the accused from oppression by the state and its agencies .
-the model starts from a presumption of innocent until proven guilty.
-model has less faith in the police’s ability to conduct satisfactory investigations.
-means the rights of suspects and defendants need to be safeguarded.
What are the rules and procedures the due process model of justice.
-arrest, questioning, legal representation, no secret trials
(Due process model of justice) However the model also argues that
That this is less eve than convicting the innocent. The model emphasises the rights of the accused individual rather than those of the victim or society.
Due process model theorist
-Links to the labelling theory.
-it aims to stop agencies like the police from oppressing people
-the model offers some protection as it requires police to follow lawful procedures and not exceed powers.
-also links to left realism-they believe police must follow due process by acting in a lawful, non discriminative way.
Due process model case examples
Sion Jenkins- due to process rights to an appeal, allowed retrial following conviction.
Due process model legislation
PACE act and human rights act- important to safeguard the defendant.