unit 1.3

Question 1

Describe the Due Process model of criminal justice (3BP)

Answer 1

The most important function of criminal justice is to provide
due process, or fundamental fairness under the law.

Criminal justice should concentrate on defendants’ rights,
not victims’ rights.

Police powers should be limited to prevent official
oppression of the individual.

Question 2

Colin claims the police failed to consider any other suspect, and the jury were bribed to find him
guilty. In addition, he believes the judge is related to the victim, and this is why he was given the
sentence of life imprisonment with a recommendation that he serves 70 years.
Which model of criminal justice could apply to Colin’s case and why. (4BP for why)

Answer 2

The most appropriate model for Colin’s case is the crime control
model.

This involves the repression of crime being the most important
function of criminal justice because order is a necessary
condition for a free society. Colin’s claims about the police
action would be relevant here.

Criminal justice should concentrate on promoting victims’ rights
rather than on protecting defendants’ rights. This could account
for the judge giving such a harsh sentence as, according to
Colin, he is related to the victim.

The criminal justice process should operate like an assemblyline conveyor belt, moving cases swiftly along toward their
disposition. This could account for Colin’s claim that the police
failed to consider other suspects.

If the police make an arrest and a prosecutor files criminal
charges, the accused should be presumed guilty because the
fact-finding of police and prosecutors is highly reliable. This
could explain Colin’s claims about his case.

The due process model with links to Colin’s case.

Question 3

Describe the crime control model of criminal justice (6BP)

Answer 3

• This model involves the repression of crime being the most
  important function of criminal justice, because order is a
  necessary condition for a free society.
• It concentrates on promoting victims’ rights rather than on
  protecting defendants’ rights.
• The method suggests that the criminal justice process
  should operate like an assembly-line conveyor belt, moving
  cases swiftly along toward their disposition.
• If the police make an arrest and the CPS brings a charge,
  the accused should be presumed guilty because the factfinding of police and CPS is highly reliable.
• An example of a case, such as Colin Stagg.
• Examples of relevant areas of law may include abolition of
  the double jeopardy rule and extended pre-charge
  detention for terrorist suspects.

Question 4

Identify three features of the due process model of justice

Answer 4

This model focuses on the presumption of innocence and the necessity of
producing fairness by protecting the defendant’s legal rights.

• It asserts that police powers should be limited to prevent official oppression of the
  individual.
• The justice system should safeguard all the rights of an individual to provide
  against a wrongful conviction.
• Justice should involve a thorough investigation where there is protection of the
  innocent by legislative obstacles to overcome before a conviction can occur.
• This relates to the left realism approach to criminality with a focus on the inequalities created by a capitalist society. A more equal and caring society would eventually eliminate crime.

Question 5

Identify three features of the crime control model of justice.

Answer 5

• The repression of crime is the most important function of criminal justice because
  order is a necessary condition for a free society.
• Criminal justice should concentrate on promoting victims’ rights rather than
  protecting defendants’ rights.
• The criminal justice process should operate like an assembly line or conveyor
  belt, moving cases swiftly along toward their disposition.
• If the police make an arrest and a prosecutor files criminal charges, the accused
  should be presumed guilty because the fact-finding of police and prosecutors is
  highly reliable.
• The model links to zero-tolerance where no crime is acceptable.
• The model is similar to the theory of right realism requiring punishment for an
  offence, no matter what the reason behind the commission

Question 6

Describe the model of justice that reflects Horace’s viewpoint. (7BP)

Horace believes that defendants’ rights are of primary importance and that defendants are
innocent until proven guilty. In addition, he believes that there should be laws that restrict the
powers of the police.

Answer 6

• Horace’s viewpoint is reflected by the due process model.
• This model focuses on the presumption of innocence and the necessity to
  produce fairness. It is argued that it is important to protect the defendant’s
  legal rights.
• The model proposes that police power must be limited to prevent official
  oppression, and the rights of individuals should prevent wrongful
  convictions.
• The model outlines that there must be a thorough investigation of a case
  with legislative obstacles to protect the rights of the innocent.
• The right to appeal a decision in a criminal case is a feature of this model.
• Examples may be provided, and these may include: the Police and
  Criminal Evidence Act (1984); and the Human Rights Act (1998).
• It links to the theory of left realism, which focuses on the reasons why
  people commit crimes.