Legal rights: state surveillance, privacy

Question 1

Due process model vs. Crime Control Model

Answer 1

• CCM central goal= efficiency, DPM= reliability (reliable acquittal of the innocent)
• CCM- reliable convictions of the guilty
• In a criminal justice system: is x guilty
o 2 mistakes:
• false positive- innocent person to jail
• false negative- acquit a guilty person
• DPM focuses on avoiding false positives, and vice versa for CCM
• The more you try to avoid one error, the more of one error your likely to commit
• Goal of ccm is to catch criminals and deter others, in this model police are seen as positive roles, efficiency means speed and finality

Question 2

Factual guilt v. Legal guilt

Answer 2

• legal guilt ascertained by the state in a manner consistent with formal rules and mens rea (do they have mmoral responsibility for it)
• factual guilt- did you do it