LO1 - AC 1.3

Question 1

What is the key idea of the crime control Model ?

Answer 1

• The goal is the suppression of crime as it is a threat to peoples freedom
• It prioritises catching and punishing offenders, deterring and preventing them from committing further crime

Question 2

What is the idea of Presumption of guilt in crime control Model ?

Answer 2

• The model starts by trusting the police to identify those who are guilty through their investigations and interrogations
• Police should be free of legal technicalities that prevent them from investigating crime

Question 3

What is the idea of the “Conveyor belt” in crime control model ?

Answer 3

Once the probably guilty are identified, there is a conveyor belt approach to the justice system. With he idea to speedily prosecute, convict and punish offenders

Question 4

What does the crime control model result in ?

Answer 4

• If a few innocent people are convicted by mistake this is a price worth paying for convicting a large number of guilty people
• Emphasises the rights of society and victims to be protected from crime -rather than the rights of suspects

Question 5

What is the key idea of the Due process model ?

Answer 5

• The power of the state is the greatest threat to individuals freedom no so the goal of due process model is to protect the accused from oppression by the state and its agents

Question 6

What is the idea of “presumption of innocence” in the Due process model ?

Answer 6

The model believes the accused to be innocent until proven guilty after a fair trial

Question 7

How does the due process model have a lack of faith in the police ?

Answer 7

• Model does not believe that the police are competent and honest on all occasions. Suspects and defendants rights need to be safeguarded
• All investigations and trials should abide by these rules; Rules of arrest, questioning, legal representation, disclosure of evidence

Question 8

What is the idea of “Obstacle Course” in the due process model ?

Answer 8

• The defence will put ‘obstacles’ in place in order to protect the rights of the accused
• The prosecution will need to overcome these obstacles in order to secure a conviction

Question 9

What does the Due process model argue ?

Answer 9

• Argues that they believe it is a lesser evil for a few guilty people to go free on a technicality than convicting the innocent

Question 10

What does the Due process model emphasise ?

Answer 10

• The model emphasises the rights of the accused individuals rather than those of the victims or society

Question 11

How does the crime control model link to Right Realism ?

Answer 11

• This is a right-wing conservative approach
• It has connections with right realist theories of crime
• Eg zero tolerance policing gives greater powers to the police to investigate and prevent crime

Question 12

How does the Crime control model link to functionalism ?

Answer 12

• This has links with Durkheim functionalist theory
• It supports the idea that punishment reinforces the moral boundaries of society
• The main function of justice is to punish -society is able to express moral outrage towards the guilty. This strengthens social cohesion

Question 13

How does the Due Process model link to left Realism ?

Answer 13

• This theory argues that military style policing of poor communities makes residents unwilling to assist police and causes confrontation.
• This view then states that the police should follow due process without discrimination if they want to fight crime-they need the community to cooperate.

Question 14

How does the due process model link to Labelling theory ?

Answer 14

• This liberal model aims to stop state agencies from oppressing people.
• It is connected to labelling theory.
• Eg the police may harass groups they negatively label as “typical criminals”
• The model offers a layer of protection from this-police have to follow the procedures within the law

Question 15

How do the two models describe the system of justice in England and wales, linking to the rules governing the working of justice system ?

Answer 15

• The rights of the individual during an investigation and trial are protected with due process rules eg illegally obtained evidence is inadmissible in court such as that gained through torture
• However, judges can admit evidence if they believe it will help establish the truth
• This is support the crime control model as it may lead to a conviction

Question 16

How is the Due process model seen in the justice system in England and Wales ?

Answer 16

• Small number of appeals against convictions may indicate that due process is followed

Question 17

How is the crime control model seen in the justice system in England and Wales ?

Answer 17

Miscarriage of Justice:
- Collin Stagg - Murder of Rachel Nickell-Police used a honey trap to try convict him
- Sally Clark - wrongly convicted of the murder of her two baby sons, serving three years of a life sentence. Pathologist diagnosed the cause of death as a respiratory tract infection- he changed his diagnosis at trial to smothering. Doctor gave misleading evidence at trial. He claimed that two deaths were statistically rare and highly suspicious. He was later struck off
- The Birmingham Six-Convicted for the murder of 21 people in the Birmingham pub bombings 1974. Released in 1991