topic 1 Flashcards
what are the 2 models of justice
crime control
due process
crime control model core knowledge
Crime is a threat to people’s freedom
The goal is suppression of crime
It prioritises catching and punishing offenders, deterring and preventing them from committing further crime
The aim is to punish criminals and to stop them committing further crimes - this makes society safer
Emphasises the rights of society and victims to be protected from crime, rather than the rights of suspects (utilitarian approach)
crime control model expanded knowledge
Starts with presumption of guilt
Trust in the police to identify the guilty through their investigations
Police should be free from unnecessary legal technicalities that prevent them from investigating crimes
Links to zero tolerance - can anyone remember what this means? What theory?
Once the ‘probably guilty’ are identified it favours a ‘conveyor belt’ justice system - a process of speedy prosecutions, convictions and punishment.
It argues that if a few innocent people are occasionally convicted by mistake, this is a price worth paying for convicting a large number of guilty people
example of the crime control model
The partial abolishment of ‘double jeopardy’ rule for serious offences in Criminal Justice Act 2003
case study showing crime control model
murder of Rachel Nikel
due process model core knowledge
The power of the state is the greatest threat to the individual’s freedom
Aim is to protect and safeguard the accused from oppression by the state
This includes police, prosecutors and judges
Starts from a presumption of innocence:
Accused is innocent until proven guilty
due process model expanded knowledge
Less faith in the police’s ability to conduct satisfactory investigations
Incompetence, dishonesty etc. mean suspects rights need to be safeguarded by due process rules
Ensure all the rights of an individual are protected, to protect against a wrongful conviction
Rather than a ‘conveyor belt’, the rules and procedures protecting rights form a necessary ‘obstacle course’ that prosecutors need to overcome to secure a conviction
example of due process model
Police procedural safeguards introduced in Police and Criminal Evidence Act (PACE) 1984
case example of due process model
Stephen Lawrence
4x sociological theories that link to the models of justice
left realism
right realism
interactionalism
functionalism
left realism
Crime is caused by inequalities in society
Crime control policies should focus on equal opportunity, compassion and early intervention
right realism
Crime is caused by the individual - rational choice, biological predisposition and broken families (underclass)
Crime control policies should be harsh and act as a deterrent
functionalism
Ultimately cannot have too much crime in society as that would make society dysfunctional - prioritize order above all
Punishment should act as a deterrent and help set boundaries for others in society and allow us to express moral outrage
interactionalism
Says crime is a social construct, we decide what is criminal and label certain individuals as criminal
Labelling can lead to deviant career/self fulfilling prophecy
Justice system should protect individuals from stereotyping (typifications) - police need rules
links to right realism
Support zero tolerance policing strategies as it will deter criminals (rational choice)
Favours giving the police greater powers to investigate and suppress crime
Believes in the idea that crime is a rational choice, therefore deterrents work
links to functionalism
Functionalists believe punishment reinforces society’s moral boundaries
As the main function of justice is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion
Supports harsh, visible punishments
We need to make sure that crime rates remain low to avoid society becoming dysfunctional
links to left realism
Critical of oppressive ‘militaristic policing’ of poor areas - it triggers confrontations and residents will be unwilling to help the police
Much prefer a softer approach to crime which prioritises rights of individuals and doesn’t overly criminalise social issues
links to interactionalism/ labelling theory
Believes police may be tempted to act illegally and harrass groups that they label as ‘typical criminals’ (critical of this)
Therefore the Due Process model offers some protection as it requires the police to follow lawful procedures
Police must follow due process - act lawfully and non-discriminatory
Interactionism overall worried about the dangers of labelling and criminalising individuals - due process prevents this
