Models Of Criminal Justice Flashcards
What are the 2 models of justice?
1) Crime control model
2) Due process model
What is the aim of the crime control model?
To punish criminals and stop them from committing further crime
They aim for a quick and efficient disposal of criminal cases and reach a verdict swiftly.
What do the crime control model do?
The presumption of guilt as the believe guilty until proven innocent as if a person is charged they must be guilty.
They prefer plea bargaining to jury trials to quicken the process - persuade defendant to plea guilty to reduce sentence.
Focus on the rights of victims
What are areas of law which support the crime control model?
The removal of the double jeopardy law meaning that defendants can be prosecuted twice for the same offence they have already been trialed for.
Extended charges and sentences for terrorists offences.
What is the aim of the due process model?
Producing fairness by protecting the defendants legal rights.
To protect the innocent as much as it is to convict the guilty.
What do the due process model do?
The presumption of innocence - innocent until proven guilty.
They want a long process to occur to ensure a correct and just verdict can be reached.
They argue for the elimination of the grand jury as they are seen to be the rubber stamp due to them having no qualifications.
What are the areas of law which support the due process model?
All interviews are now recorded and suspects have the right to a legal representative.
Human Rights Act ensures that defendants rights are followed throughout trials.
What are the advantages and disadvantages of the crime control model?
Advantages = quick and efficient, it provides greater public protection and justice is brought to victims
Disadvantages = defendant could be innocent or an unsafe verdict could be given because it is a rushed process, doesn’t address for the causes of crime, no consideration to the defendant and it encourages police brutality
What are the advantages and disadvantages of the due process model?
Advantages = safe and fair verdict as the process is longer, police is less corrupt, the rights of defendants are considered
Disadvantages = due to increased time spent in court trials more money is spent on criminal cases, can bring more trauma to victims and reoffending rates aren’t reduced as the due process isn’t as powerful at deterring criminals - weak social control
