Topic 2: Models of Criminal Justice Flashcards
What are the two models of Criminal Justice?
Crime Control model
Due Process model
What does the crime control model believe about crime?
That it is a threat to people’s freedom
Outline crime control model aims of crime
The goal is suppression of crime, it prioritises catching and punishing offenders and stop them from committing further crimes.
Which model starts with the presumption of guilt?
Crime control model
According to the crime control model, how should the police behave?
They should be free from unneccssary legal technicalities that prevent them from investigating crime.
Which policy does the crime control model follow?
Zero tolerance
Who does the crime control model priorities in relation to crime?
The victim and the wider society rather than the suspect.
Describe the ‘conveyor belt’ system
Once the suspect is ‘probably guilty’- speedily prosecutes, convicts and punishes them.
What does the crime control model believe about punishing the innocent?
‘If a few innocent people are convicted by mistake, this is a price worth paying if a large number of the guilty are punished’
State 3 practical examples that illustrate the crime control model
Partial abolishment of the double jeopardy law under the Criminal Justice Act 2003
No automatic appeals in crown court cases
Extended pre-charge detention time for terrorist offences in Terrorist Act 2006
Give a case study that illustrates the crime control model and why
Colin Stagg & The Murder of Rachel Nickell:
- Presumption of guilt
- Used unneccssary legal technicalities (honeytrap)
- Securing a conviction at any cost
- Case to be solved as quickly as possible
What does the due process model believe about crime?
That the power of the state is the greatest threat to the individual’s freedom
Outline due process model aims of crime
To protect the accused from oppression by the state, including police, prosecutors and judges and protect the defendants legal rights.
Which model starts with the presumption of innocence? (innocent until proven guilty)
Due process
How does the due process model view the police?
They have less faith in the police’s ability to to conduct satisfactory investigations and things like dishonesty, incompetence etc. means suspects need to be safeguarded by due process rules to avoid a wrongful conviction.