The enduring influence of classicism

Question 1

The legal doctrine…

Answer 1

emphasizes conscious intent of choice, which have clear foundations in the theoretical tradition established by Beccaria and Bentham

Question 2

The whole contemporary criminal justice system, is founded on…

Answer 2

a balance between the competing value systems of due process and control

Question 3

Due process model

Answer 3

• Enforces rules governing the powers of the police and the admissibility and utility of evidence.
• Recognition of the power of the state
• There is a need for checks and balances to be in place to protect the interests of suspects and defendants.

Question 4

Strict due process system

Answer 4

• Acknowledges that some guilty people will go free unpunished bt it is considered acceptale in order to prevent wrongful conviction and punishment.
• Excessive use of state power is seen as evil
• A high acquittal rate gives the impression that the criminal justice agencies are performing inadequately

Question 5

Crime control model

Answer 5

• Prioritizes efficiency and getting results with the emphasis on catching, convicting and punishing the offender.
• If occasionally some innocent individuals are sacrificed to the ultimate aim of crime control, then that is acceptable.
• The interests of the victims and the society are given priority over those of the accused.
• Its aim is to punish the guilty and deter criminals as a means of reducing crime and creating a safer society.