AC1.3- Due Process model Flashcards

1
Q

what does the model suggest is the biggest threat to freedom

A

The power of state

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2
Q

What is the accused presumed to be

A

innocent until proven guilty after a fair trial

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3
Q

why would this approach suggest that we need legislation such as PACE

A

defendants rights needs to be safeguarded by the police

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4
Q

What does the model suggest is the reason for the rights of the accused being so important

A

create necessary obstacle courses that prosecution must go through before securing a conviction

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5
Q

what does a model suggest is a lesser evil than convicting the innocent

A

guilty sometimes going free on a technicality, so prosecution have relied on illegally obtained evidence

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6
Q

Who’s rights are at a higher priority according to the model

A

Rights of accused individual rather than the victim of society

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7
Q

Labelling theory

A
  • prevents police from labelling certain groups, harassing them and punishing them unnecessary
  • eg, ethnic minorities are usually targeted by the police such as Stephen Lawrence
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8
Q

Marxism

A

-Suggest that the proletariat exploited by the bourgeoisie, the model prevent this by taking power away from the bourgeoisie which is the police

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