AC1.3- THE DUE PROCESS MODEL

Question 1

What does this model assume?

Answer 1

The power of the state is the greatest threat to the individuals freedom

Question 2

What is the goal of this model?

Answer 2

To protect the accused from oppression by the state and its agencies e.g. police, prosecutors and judges

Question 3

What does the model start from?

Answer 3

Presumption of innocence- accused = innocent until proven guilty

Question 4

This theory says that incompetence, dishonesty etc means what for suspects and defendants?

Answer 4

Suspects’ and defendants’ rights need to be safeguarded by set of due process that investigations + trials must follow

Question 5

What do these due process rules include?

Answer 5

Stuff about arrest, questioning, legal representation, cross examination of witnesses etc.

Question 6

What does the model argue differently to the crime control model?

Answer 6

The guilty sometimes go free on ‘technicality’ however this is lesser evil than convicting the innocent

Question 7

What does this model emphasise the rights of?

Answer 7

The rights of the accused individual rather than those of the victim or society

Question 8

What theory does the DPM model link to?

Answer 8

Left Realism- oppressive policing of poor areas triggers confrontations and residents become unwilling to assist police
Police must follow due process by acting in lawful and non-discriminatory way to fight crime effectively

Question 9

What are examples of areas of law that support the DPM?

Answer 9

Right to remain silent- prosecutions job to prove guilt
Right to legal representation when questioned by police and in court

Question 10

What is an example of a case investigated not using the DPM?

Answer 10

Sally Clark- wrongly jailed for murder of her two baby sons-result of HO pathologist + prosecution witness failing to disclose relevant info to defence lawyers