Topic 1: Models Of Criminal Justice Flashcards
Define the crime control model of justice
The repression of crime should be the most important function of the criminal justice system because order is a necessary condition for a free society
Why should police powers be expanded according to crime control?
Police powers should be expanded to make it easier to investigate and convict
What presumption is made about the accused? (Crime control)
The accused should be presumed guilty until proven innocent since the police and CPS are highly reliable
What should happen to legal technicalities in the crime control model?
Legal technicalities which restrict the police should be eliminated
According to the crime control model, what should the criminal justice system process be like?
Once the probably guilty is identified, the process should operate swiftly like a conveyer belt towards their deposition
In the crime control model, whose rights are prioritised?
The rights of the victim and society are valued over the defendant
What does the crime control model of justice argue the price to pay is?
Innocent people will be occasionally arrested by mistake but this is justifiable by being able to arrest more people
How does the crime control model of justice link to zero tolerance?
Both agree that no crime is acceptable and should be punished
How does crime control link to right realism?
Both argue that offences require punishment regardless of circumstances
How does crime control link to functionalism?
The purpose of justice is agreed to be punishing the guilty to all society to express moral outrage and strengthen social boundaries
According to due process what is the most important function of criminal justice?
The most important function of criminal justice is to provide due process under the law since the greatest threat to a free society is the states rights
According to due process what should happen to police powers?
Police powers should be limited to prevent official oppression of the individual
What is the assumption of the accused in the due process model?
Innocent until proven guilty
What does due process say about legislative obstacles?
Justice should involve a thorough investigation where there is protection of the individual to overcome a conviction before it can occur e.g. rules about arrest, questioning and admissibility of evidence
