ADVANCED INFO: Topic 2 (Models of Justice)

Question 1

What are the two models of Criminal Justice?

Answer 1

Crime control and Due Process

Question 2

What does the crime control model believe about crime?

Answer 2

That crime is the greatest threat to an individuals freedom.

Question 3

What is the aim of crime control?

Answer 3

To punish offenders and prevent them from committing further crimes.

Question 4

Which model starts with the presumption of guilt?

Answer 4

Crime control

Question 5

According to the crime control model, how should the police behave?

Answer 5

They should be free from unnecessary legal technicalities that prevent them from investigating crime.

Question 6

Crime control follows the _________ policy

Answer 6

Zero tolerance

Question 7

Who does the crime control model priorities in relation to crime?

Answer 7

The victim and wider society

Question 8

Describe the ‘conveyor belt’ system

Answer 8

Once suspects who the police believe are ‘probably guilty’ are identified, it pushes to speedily prosecute, convict and punish the suspect.

Question 9

What does the crime control model believe about punishing the innocent?

Answer 9

If a few innocent people are convicted, it is a price worth paying if a large number of the guilty are punished.

Question 10

Name one practical example of the crime control model

Answer 10

No automatic appeals in a Crown Court

Question 11

What does the due process model believe about crime?

Answer 11

That the suppression of the state is the greatest threat to an individual’s freedom.

Question 12

What is the aim of due process?

Answer 12

To protect the accused from oppression by the state.

Question 13

Which model starts with the presumption of innocence?

Answer 13

Due process

Question 14

How does the due process model view the police?

Answer 14

Less faith in the police’s ability to conduct satisfactory investigations and therefore due process rules protects the defendant from things like incompetence and dishonesty.

Question 15

Describe the ‘obstacle course’ system

Answer 15

The rules and procedures protecting a suspect’s rights that prosecutors need to overcome in order to secure a conviction.

Question 16

What does the due process model believe about the guilty going free?

Answer 16

That they sometimes go free ‘on a technicality’ due to issues with the police’s investigations, e.g. disclosure fails and illegally obtained evidence which is seen as a lesser evil than convicting the innocent.

Question 17

Who does the due process model priorities in relation to crime?

Answer 17

The rights of the defendant as opposed to the victim and wider society.

Question 18

What does the due process model believe will eliminate crime?

Answer 18

A more caring and equal society would eventually eliminate crime.

Question 19

Name one practical example of the due process model

Answer 19

Police procedural safeguards in the Police and Criminal Evidence Act (PACE) 1984

Question 20

Give a case study that illustrates the crime control model and why

Answer 20

Colin Stagg–he was presumed guilty before being proven innocent, and authorities used unnecessary legal technicalities including a honeytrap known as Operation Enzell.

Question 21

Give a case study that illustrates the due process model and why

Answer 21

Stephen Lawrence– because the labour government launched an enquiry into the investigation of his death.

Question 22

Name one sociological theory that links to crime control

Answer 22

Right Realism

Question 23

How does Right Realism link to crime control?

Answer 23

Believes that individuals commit crime through rational choice and that when someone commits a crime, they are entirely at fault, regardless of the circumstances.

Question 24

Name one sociological theory that links to due process

Answer 24

Left Realism

Question 25

How does Left Realism link to due process?

Answer 25

Suggests that crime lies in the inequalities created by a capitalist society. It believes that both practical measures and as long term change towards a more equal, caring society are needed. It supports a softer approach to crime, prioritising rights of individuals and doesn’t overly criminalise issues. They are also critical of ‘militaristic policing’ of poor areas.