AC1.3 - Models of Justice Flashcards
What is important for due process?
Provide due process/fundamental fairness under the law
What is the worst outcome for due process?
Wrongful conviction - safeguard rights
Whose rights does due process focus on?
Defendant’s rights
Does due process focus on innocence or guilty?
Innocence - innocent until proven guilty
Due process views on police powers?
Limited to prevent harrassment
Due process views on legal obstacles?
Must be negotiated if a conviction is to be secured
What should justice involve in due process?
A thorough investigation so the right person is brought to justice
Due process examples?
Right of appeal and Sally Clark:
Reduces chance of people being punished for crimes they haven’t committed - she would have spent the rest of her life in prison without the right of appeal
Catford three and the PACE act:
Need for police procedural safeguards to protect legal rights - after Catford three were wrongfully convicted based on forced confessions
What theory supports due process?
Left realism - a more equal and caring society would eventually eliminate crime
What is important for crime control?
The repression of crime because order is a necessary condition
What is the worst outcome for crime control?
Individuals escaping wrongdoings - zero tolerance
Whose rights does crime control focus on?
Victim’s rights
Does crime control focus on innocence or guilt?
Guilt - guilty until proven otherwise
Crime control views on police powers?
Should be expanded to make it easier to investigate, arrest, search, seize and convict
Crime control views on legal obstacles?
Obstacles that restrict police should be eliminated
