TOPIC 1 - MODELS OF JUSTICE

Question 1

What does the crime control believe and what is it’s goal? (CORE)

Answer 1

• crime is a threat to people’s freedom
• goal is suppression of crime

Question 2

What does the crime control model prioritse and aim for? (CORE)

Answer 2

catching and punishing offenders, deterring and preventing them from committing further crime

Question 3

What does the crime control model emphasise? (CORE)

Answer 3

• the rights of society and victims to be protected from crime, rather than the rights of suspects

Question 4

What does the crime control model favour? (EXPANDED)

Answer 4

• ## often favours strong law enforcement + punishment measures (e.g zero tolerance) and streamlined legal procedures to achieve these objectives - often referred to as a conveyor belt

Question 5

What does the crime control model operate on? (EXPANDED)

Answer 5

• operates on the belief that is is overall best to presume guilt, and lock all offenders up, even if it means several innocent people are unjustly convicted

Question 6

What is an example of where the crime control model is present in the CJS?

Answer 6

• the partial abolishment of ‘double jeopardy’ rule for serious offences in the Criminal Justice Act 2003
• this means that a person can be re-trialed if new evidence comes to light, for example.

Question 7

What does the due process model believe? (CORE)

Answer 7

the power of the state is the greatest threat to the individual’s freedom

Question 8

What is the due process model’s aim? (CORE)

Answer 8

to protect and safeguard the accused from oppression by the state
- this includes police, prosecutors and judges
- the best example of this is presumption of innocence

Question 9

How does further safeguarding occur according to the due process model? (EXPANDED)

Answer 9

through the creation of an obstacle-course style criminal justice system which pritortises the rights of the accused +places the burden of proof on prosecutors
- this can make it hard to convict people at times and sometimes guilty will go free
- due process model thinks this is a better outcome than innocent people going to prison

Question 10

What is an example of where the due process model is present in the CJS?

Answer 10

• all evidence having to be disclosed from both the prosecution and defence
• this helps ensure a fair trial.

Question 11

Which Model Is Most Dominant In Our Criminal Justice System?

Answer 11

due process

Question 12

Which theories link to the crime control model?

Answer 12

• right realism
  functionalism (durkheim)

Question 13

Which theories link to the due process model?

Answer 13

• left realism
• labelling theory

Question 14

How does right realism link to the crime control model?

Answer 14

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

Question 15

How does functionalism link to the crime control model?

Answer 15

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
- we need to make sure that crime rates remain low to avoid society becoming dysfunctional

Question 16

How does left realism and labelling theory link to the due process model?

Answer 16

• those theories believe that no individual is inherently a criminal, and are often led into criminality by external forces such as inequality
  + being criminalised can be very damaging to a person.
• therefore it is important the criminal justice system does its best to prevent anyone being unfairly prosecuted