AC1.3 Models of Criminal Justice Flashcards
Crime control model
- Focused on efficiency in preventing and controlling crime
- Primary goal is to reduce crime quickly by punishing offenders - safety of society.
- Prioritises catching and convicting offenders with speed.
Features of Crime control model
- Victim focused justice - maintain public order and safety
- Reliance on police - law enforcement and prosecutors are given power and trust.
- Presumption of guilt - if someone has been arrested or charged they are most likely guilty - contrasts with ‘innocent until proven guilty’
- Efficiency - streamlined system where cases are processed quickly, offenders dealt with swiftly.
Criticism of Crime control model
This model can risk wrongful convictions as it prioritises speed and efficiency over ensuring the accused’s full legal rights are protected.
Due process model
- Prioritises individual rights and fairness, ensures every person is treated fairly and their legal right are protected.
- Strong emphasis on safeguarding people from mistakes and abuses of power within the system.
Features of Due process model
Protects individual rights - protecting individuals from unjust or unfair treatment through law enforcement or courts
Legal safeguards - all legal procedures followed correctly, defendants can challenge evidence against them.
Presumption of innocence - person is innocent until proven guilty, must prove guilt beyond a reasonable amount.
Criticism of Due process model
Too slow and allowing criminals to potentially escape justice due to legal technicalities. Focus on protecting rights can sometimes result in delays in punishing offender.
Laws supporting due process
- Acknowledgement of the need of police safeguarding by introduction of PACE 1984.
- All interview now recorded and suspects have rights to legal representation.
- Human Rights Act 1998 allows criminal justice practices to be scrunitised from a human rights perspective.
- Case example - Thompson & Venables (James Bulger)
Laws supporting crime control
- Intro of ‘bad character’ evidence & previous convictions information for courts to consider when deciding a verdict.
- Removal of double jeopardy rule for murder and other serious offences
- Extended pre charge detention time for terrorist activities
- Case example - Collin Stagg