AC1.3 Due Process and Crime Control Model Flashcards
who found the two models of CJS?
Packer
what are the two models of CJS?
due process
crime control
what is the motto of the due process model?
innocent till proven guilty
what does the due process model see as important?
need to protect the innocent is as important as convicting the guilty
what is the motto of the crime control model?
guilty until proven innocent
what does the crime control model see as the most important function of the CJS?
stopping crime
give the opinion of crime control model on DNA collection
believe that DNA should be taken at birth
give the opinion of the due process model on DNA collection
DNA should only be taken from potential suspects
How does the case of Colin Stagg show the crime control model in action?
Looked at as the only suspect, presumed guilty, favored power for the police due to the use of a honeytrap to get a confession
What areas of the law support the due process model?
Police & Criminal Evidence Act 1984, Human Rights Act 1998, interviews recorded and right to legal representation
Which theory of criminality does the due process model link to?
Left Realism
What areas of the law would support the crime control model?
Removal of double jeopardy (Billy Dunlop), allowing the use of bad character evidence (Grace Millane)
How does the crime control model aim to deal with criminals?
Quick and efficient disposal of criminal cases, works on a conveyer belt, focusing on getting offenders in prison and argues that if some innocent people go to prison this is worth it for the amount of criminals convicted
How does the due process model aim to deal with criminals?
A necessary obstacle course by following rules and procedures, can sometimes mean guilty go free but this is argued as a lesser evil than convicting the innocent
How does the case of Thompson v UK and Venables v UK link to the crime control model?
Killers of James Bulger, European Court of Human Rights ruled killers did not get a fair trial due to publicity and adult court, links to the belief in Human Rights for suspects