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.
Describe the ‘obstacle course’ system
The rules and procedures protecting rights creates obstacles that prosecutors must overcome to secure a conviction.
What does the due process model believe about the guilty going free?
That they sometimes go free on a technicality due to issues with the police’s investigation, e.g. disclosure failures, and this is seen as a lesser evil than convicting an innocent person.
Who does the due process model priorities in relation to crime?
The rights of the accused individual rather than the victim or society
What does the due process model believe will eliminate crime?
A more equal and caring society would eventually eliminate crime.
State 3 practical examples that illustrate the due process model
Police procedural safeguards introduced in the Police and Criminal Evidence Act (PACE) 1984
Disclosure rules
All suspects rights: remain silent, legal representation, knowing why you’ve been arrested, interviews recorded
Give a case study that illustrates the due process model and why
Murder of Stephen Lawrence:
- Labour government launched an enquiry into the investigation of his death
- Evidence was also heard in this inquest from 88 witnesses, with 100,000 pages of statements and documents.
State 3 limitations with crime control model
- Too eager to convict- can cause unsafe/unjust verdicts and miscarriages of justice.
- Can lead to over-policing of certain communities, e.g. increase in stop and searches, mass incarceration in the US.
- Can lead to certain deviant behaviours becoming criminalised, e.g. treating drug issues as a crime issue as opposed to a health issue.
State 2 examples of wrongful convictions and miscarriages of justice as a limitation with due process model
Colin Stagg:
-Attempted entrapment
-No evidence, yet police were convinced of his guilt
Sally Clark:
-Home Office pathologist failed to disclose relevant information
Which approach to justice does crime control take?
A conservative approach
How does functionalism (Durkheim) as a sociological theory apply to crime control model? (4 points)
- Functionalists believe punishment reinforces society’s moral boundaries
- As the main focus of justice is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion
- Supports harsh, visible punishments
- Seeks to explain crime by looking at the nature of society
How does right realism as a sociological theory apply to crime control model? (4 points)
- Supports zero-tolerance policing strategies as it will deter criminals.
- Favours giving the police greater powers to investigate and suppress crime.
- Believes that individuals commit crime through rational choice and that when someone commits a crime, they are entirely at fault, regardless of their circumstances.
- Charles Murray (1980) argued that changes to family structure was responsible for the increase in crime rate.
Which approach to justice does due process take?
A liberal approach
How does labelling theory as a sociological theory apply to due process model? (3 points)
- Believes police may be tempted to act illegally and harass groups due to typifications (being influenced by stereotypes).
- Offers some protection for individuals as it requires police to follow lawful procedures.
- Police must follow due process by acting lawfully and non-descriminatory.
How does left realism as a sociological theory apply to due process model? (4 points)
- Believes crime is caused by marginalisation, relative deprivation and subcultures.
- Prefers a softer approach to crime, prioritising rights of individuals and doesn’t overly criminalise social issues.
- Critical of oppressive ‘militaristic policing’ of poor areas- leads people to be unwilling to help the police and triggers confrontation.
