MODELS OF CRIMINAL JUSTICE Flashcards
What are the two models of criminal justice
- The crime control model
- The due process model
Outline the CRIME CONTROL model
This argues crime is a threat to the public’s freedom and therefore prioritises the suppression of crime. The model begins by presuming a person’s guilt and trusting the police to identify these individuals during their investigations. It argues police should be free from unnecessary legal technicalities that prevent them from investigating crime. Once those that are ‘probably guilty’ are identified, there should be an assembly line within the justice system to quickly prosecute, convict and punish offenders. It argues that if a few innocent people are occasionally wrongly convicted, this doesn’t outweigh the benefit of convicting large numbers of guilty people. The model emphasises the rights of society and victims rather than that of the suspects.
Give an example of a policy reflecting the crime control model
Police have legislative powers to stop, search, arrest and detain suspects on reasonable grounds and with reasonable suspicion. When arrested, suspects can be held in police custody for up to 24 hours.
Give a case example reflecting the crime control model
(2011) London Riots :
A total of 2,158 people were rapidly identified, tried and convicted for even the most minor crimes during the riots. The sentences that were handed out totalled more than 1,800 years.
Explain the theory which links to the crime control model
The model is a RIGHT realist approach, linking policies such as zero tolerance policing strategies to crime control. This favours the idea of giving police more powers to investigate and suppress crime.
Outline the DUE PROCESS
This claims that the power of the state threatens peoples freedoms and so the goal is to protect the accused from oppression. This model presumes innocence until proven guilty. It emphasises the rights of the accused and it questions the police’s ability, competence and honesty when investigating crime. Rather than a conveyor belt, this should be an obstacle course that prosecutors must overcome as this is better than convicting the innocent too.
Give an example of policy reflecting the due process model
The Police and Criminal evidence Act 1984 (PACE) provides codes of practice, such as the Miranda Warning, that sets out the rights of those being detained. These codes must be offered to a person upon arrest so they are aware of their rights.
Give a case example reflecting the due process model
Lucy Letby was charged with 8 counts of murder and 10 counts of attempted murder of babies in her care as a nurse in the premature birth unit. Throughout the 10 months of her trial, hundreds of hours of expert testimony were heard by the jury. Both prosecution and defence relied on detailed evidence to the point where the jury became virtual experts on medical terminology. This case demonstrates how the criminal justice system should be an obstacle course for the prosecution to overcome in order to prove a person’s guilt such as Lucy Letby.
Explain the theory which links to the due process model
This model is a LEFT realist approach which argues that oppressive ‘military policing’ of poor areas triggers confrontations and makes residents unwilling to assist the police. Left realists believe police must follow due process by acting in a lawful and non-discriminatory way in order to fight crime effectively.
