Describe models of justice - AC 1.3 Flashcards
What did Herbert Leslie Packer propose?
Two models of the criminal justice system:
The crime control model
The due process model
What do Right Realists reject the idea of, linking to the crime control model?
they reject the view that crime is a result of structural inequalities in capitalist society
What factors do right realists suggest is the cause of crime?
Biological differences
Inadequate Socialisation
Rational Choice
How do biological differences explain crime?
Wilson and Heinstein suggest that some people are more predisposed to criminality. Such as personality traits like aggression, risk taking, extroversion, etc.
How do inadequate socialisation explain crime?
Theres become a growing reliance on state welfare has led to a decline in marriage and an increase in lone parent families - if young boys grow up without their father then they will turn to crime through finding another authoritative figure in gangs.
How does rational choice explain crime?
Clarke (1980) argues that the perceived costs of crime are too low and people believe they will not get caught or that the punishments are too lenient, thus crime rate has increased. - benefits outweigh the costs
How does Functionalist Durkheim see crime?
Saw crime as having several functions for the smooth running society. Such as:
Crime creates social cohesion
Crime reaffirms society’s moral boundaries
How does crime create social cohesion?
When a crime occurs members of society are united in their outrage and demand for justice. Also groups like vigalantes.
How does crime reaffirm moral boundaries?
Sometimes an offence has to take place before a society can agree that it has pushed the moral boundaries.
What is the crime control model?
Repression of crime should be the most important function criminal justice
Focus on vindicating victims’ rights rather than on protecting defendants
Police powers should be expanded, makes it easier to investigate
Criminal Justice system should operate like an assembly-line conveyor belt, moving cases swiftly
Accused should be presumed guilty - Guilty til proven innocent
How does functionalism link to the crime control model?
The main function of justice is to punish the guilty, this enables society to express its moral moral outrage and strengthens social cohesion.
How does Right Realism link to the crime control model?
Advocacy for zero-tolerance policing strategies, favours giving police greater power to investigate and suppress crime - crack down on all crimes immediately with harsher punishments
What view does Left Realists agree with for crime?
Jack Young agrees with the view that crime is a result of structural inequalities in Capitalist societies
What are the 3 leading causes of crime according to left realists?
Relative Deprivation
Marginalisation
Subcultures
How does relative deprivation lead to crime?
Young (1999) says that people are much more aware of relative deprivation, especially now because of the media, so they are more likely to turn to crime
how does marginalisation lead to crime?
unemployed youth lack the clear goals and organisations to represent their needs. Being powerless to use their political means to improve their situation they then express their frustration through criminal means
How do subcultures lead to crime?
Cohen (1972) argues that crime occurs within marginalised groups as members attempt to achieve the power and status they can’t attain through legitimate means - this is known as status frustration.
How does Howard Becker (Interactionist) suggest how criminal behaviour occurs?
He argues that criminal behaviour is a result of labelling
What are the 3 components of labelling?
Self-fulfilling prophecy
Master Status
Deviant career
What does self-fulfilling prophecy mean?
If an individual has been labelled negatively eg. as a criminal, they may begin to feel more pressure on them an live up to the label that society placed upon them
What does master status mean?
People only view someone as the label that was applied to them. eg. not a father/mother but just a criminal
What does deviant career mean?
If someone has already been labelled negatively their only option left is to turn to crime for money, they have fully accepted and internalised their label. eg. prostitution
What is the most important function of the criminal justice system according the the due process model?
To provide due process or a fundamental fairness under the law.
What is the due process model?
Criminal justice should concentrate on the defendants rights not just the victims
Police powers should be limited to prevent oppression
Ensure fairness and consistency in the justice process
The criminal justice system should look like an obstacle course - make it difficult to prevent innocent people going to jail
A person should only be found guilty if the government follows legal procedure in the fact finding - if not it is open to a miscarriage of justice
How does labelling theory link to the due process model?
It aims to prevent the oppression of the people and the due process model offers protection of those labelled negatively since it requires the police to follow lawful procedures and not exceed their power.
How does left realism link the due process model?
Police must follow the due process model by acting in a lawful and non-discriminatory way if they want to fight crime effectively, since it depends on the co-operation of the community.
What are some cases that are evidence of the crime control model and not the due process model?
Colin Stagg - Honeytrap operation does not follow the due process model, police were deceiving him using their police powers.
Sally Clark - Sir Roy Meadow came up with false statistics, evidence had also been disclosed on the infection the babies’ had, they are meant to disclose all evidence
