Models of Criminal Justice

Question 1

Define the crime control model of justice.

Answer 1

The repression of crime should be the most important function of the criminal justice system. It should be as fast as possible to avoid a backlog. Get things done as fast as possible with strict and harsh punishments. “Conveyor belt model” or “Assembly - line justice”

Question 2

Crime Control Model - Why should police powers be expanded?

Answer 2

To make it easier to investigate, arrest, search, seize and convict. Also easier to repress crime. The crime control model believes that repression of crime should be the most important function of the criminal justice system because order is a necessary condition for a free society.

Question 3

Crime Control Model - What should the accused be?

Answer 3

Presumed guilty until proven innocent. Argues that if innocent people are occasionally convicted by mistake, this is a price worth paying for convicting many more people.

Question 4

Crime Control Model - What should happen to legal technicalaties?

Answer 4

They should be eliminated.

Question 5

Crime Control Model - What should the criminal justice process be like?

Answer 5

An assembly line conveyor belt, moving cases swiftly along toward their disposition.

Question 6

Crime Control Model - Give reasons why the accused should be presumed guilty.

Answer 6

The fact finding of the police and CPS is highly reliable.

Question 7

Crime Control Model - What should the criminal justice system concentrate on?

Answer 7

Promoting victims’ and societies rights rather than protecting defendants’ rights.

Question 8

What does the crime control model of justice argue?

Answer 8

If innocent people are occasionally convicted by mistake, this is a price worth paying for convicting many more people.

Question 9

How does the crime control model of justice link to zero tolerance?

Answer 9

They share the idea that no crime is acceptable at all.

Question 10

How does the crime control model of justice link to right realism?

Answer 10

Punishment is required for any offence no matter the reason linked to right realism.

Question 11

How does the crime control model of justice link to functionalism

Answer 11

Links to functionalism, boundaries reinforced by punishing wrong behaviour, strengthens social cohesion and allows society to express moral outrage.

Question 12

Due Process Model - What is the most important function of criminal justice?

Answer 12

To provide fundamental fairness under the law as the greatest threat to a free society is the states power.

Question 13

Due Process Model - What is the greatest threat to a free society?

Answer 13

The states power.

Question 14

Due Process Model - What should happen to police power?

Answer 14

Should be limited to prevent official oppression of the individual.

Question 15

What should the due process model focus on?

Answer 15

The presumption of innocence and the necessity of producing fairness by protecting the defendants’ legal rights.

Question 16

What should due process safeguard?

Answer 16

All of the rights of an individual to protect against a wrongful conviction.

Question 17

What does the due process model of justice say about “legislative obstacles”?

Answer 17

There should be more to ensure a thorough investigation that protects the innocent. The obstacles ensure a conviction can occur.

Question 18

Give examples of “legislative obstacles”.

Answer 18

Rules about arrest, questioning, legal representation, admissibility and disclosure of evidence.

Question 19

What does the due process model of justice argue?

Answer 19

The guilty sometimes go free, argued that is better than convicting the innocent.

Question 20

How does the due process model of justice link to left realism?

Answer 20

It focuses on the inequalities created by a capitalist society. A more equal and caring society would eventually eliminate crime.

Question 21

Explain how Colin Stagg can be linked to both crime control and due process models of justice.

Answer 21

CCM - Assumed guilty, police just wanted a conviction, not focus on his human rights and the process was very fast.
DPM - After honeytrap, case reviewed, relook at evidence and then he was set free.