ADVANCED INFO: Topic 2 (Models of Justice) Flashcards
What are the two models of Criminal Justice?
Crime control and Due Process
What does the crime control model believe about crime?
That crime is the greatest threat to an individuals freedom.
What is the aim of crime control?
To punish offenders and prevent them from committing further crimes.
Which model starts with the presumption of guilt?
Crime control
According to the crime control model, how should the police behave?
They should be free from unnecessary legal technicalities that prevent them from investigating crime.
Crime control follows the _________ policy
Zero tolerance
Who does the crime control model priorities in relation to crime?
The victim and wider society
Describe the ‘conveyor belt’ system
Once suspects who the police believe are ‘probably guilty’ are identified, it pushes to speedily prosecute, convict and punish the suspect.
What does the crime control model believe about punishing the innocent?
If a few innocent people are convicted, it is a price worth paying if a large number of the guilty are punished.
Name one practical example of the crime control model
No automatic appeals in a Crown Court
What does the due process model believe about crime?
That the suppression of the state is the greatest threat to an individual’s freedom.
What is the aim of due process?
To protect the accused from oppression by the state.
Which model starts with the presumption of innocence?
Due process
How does the due process model view the police?
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.
Describe the ‘obstacle course’ system
The rules and procedures protecting a suspect’s rights that prosecutors need to overcome in order to secure a conviction.
What does the due process model believe about the guilty going free?
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.
Who does the due process model priorities in relation to crime?
The rights of the defendant as opposed to the victim and wider society.
What does the due process model believe will eliminate crime?
A more caring and equal society would eventually eliminate crime.
Name one practical example of the due process model
Police procedural safeguards in the Police and Criminal Evidence Act (PACE) 1984
Give a case study that illustrates the crime control model and why
Colin Stagg–he was presumed guilty before being proven innocent, and authorities used unnecessary legal technicalities including a honeytrap known as Operation Enzell.
Give a case study that illustrates the due process model and why
Stephen Lawrence– because the labour government launched an enquiry into the investigation of his death.
Name one sociological theory that links to crime control
Right Realism
How does Right Realism link to crime control?
Believes that individuals commit crime through rational choice and that when someone commits a crime, they are entirely at fault, regardless of the circumstances.
Name one sociological theory that links to due process
Left Realism
How does Left Realism link to due process?
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.
