Due Process

Question 1

Summary

Answer 1

Focus on the presumption of innocence
producing fairness is necessary
Police should have limited power to prevent systematic oppression
Justice system should safeguard the rights if an individual to protect against wrongful conviction
Protection comes from the legal obstacles that must be overcome
Links to left realism with the shared belief that criminal behaviour is a result of an unfair capitalist society- an unbiased society would eventually eliminate crime

Question 2

Areas of law that support DPM

Answer 2

Police and criminal evidence act (PACE) 1984 - this act is the acknowledgement for police safe guards
Interviews are recorded and suspects have right to legal representation
Human rights act 1998 ensures that cases are seen form a human rights perspective
The ability to appeal verdicts and sentances

Question 3

Cases supporting DPM

Answer 3

Sion Jenkins
Garry Weddell
Thompson V UK
Venables V UK