Topic 2 Flashcards
Crime control model
- the goal is the suppression of crime
- prioritise catching and punishing offenders deterring and preventing crime
- the aim is to punish criminals and to stop them from committing further crimes
- starts with the presumption of guilt (trust in the police to identify the guilty through investigating)
- police should be free from unnecessary legal technically that prevent the investigation
- links to zero tolerance
- once guilty is identified - a conveyor belt justice system
- argues few innocent people convicted if fair for convicting a large number of guilty people
examples of crime control model
- abolishment of double jeopardy
- allowing introduction of bad character
- increasing stop and search
- extending detention up to 28 days for terrorism ( justice act 2003
Due Process model
- Aims to protect the accused from oppression by the state
- starts with a presumption of innocence - innocent till proven guilty
- suspects rights must be safe guarded by due process rules
- the rules and procedures protecting rights from a necessary obstacle court that the prosecution need to overcome to secure a conviction
- guilty sometimes go free on a technicality
- emphasis the rights of the accused individual rather than the victim
- helps to ensure a correct and just verdict can be reached
Examples of due process model
- police procedures safeguard introduces the police and criminal act (PACE)
- Human rights Act
- Suspect Rights - silence,interviews recorded, legal representation, go WISELY, stop and search, disclosure rules, unethical evidence
Right realism
supports zero tolenrence
favours giving the police greater power to investigate and suppress crime
believe crime is a rational choice therefore deterrents work
Functionalism
Belive punishment reinforces society’s moral boundaries main function of justice is to punish the guilty
this enables society to express moral outrage
strengthens social solitary, supports harsh and justifiable punishment
Left realism
Argues that oppressive ‘militaristic policing’ of poor areas triggers confrontations
Residents would be unwilling to help the police
Internationalism (labelling)
Police may be tempted to act illegally and harass groups that they label as ‘typical criminals’
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