Unit 4 1.3 Flashcards
Crime control model- what is it and what is the key focus
-It seeks a quick and efficient disposal of criminal cases similar to an assembly line or conveyor belt.
-This model is focused on efficiency in preventing and controlling crime
- its primary goal is to reduce crime quickly by punishing offenders, stop them from committing further crime and ensuring the safety of society
- it prioritizes catching and convicting offenders with speed and minimal legal obstacles
- the focus of protecting rights falls on the rights of the victims rather than the defendants and it would include the assertion that police should have enhanced powers to ensure a conviction is achieved
Key charactertics of crime control model
- it priorities public safety- the model views controlling crime as the most important function of the CJS aiming to protect the public from crime as much as possible.
- efficiency and speed- it advocates for a streamlined system where cases are processed quickly and offenders are dealt with swiftly to prevent future crimes
- assumption of guilt- it operates on the idea that if the police has arrested someone they are likely guilty so the system should focus on processing cases to ensure quick convictions
- fewer safeguards for defendants- the rights of individuals accused of crimes are less of a concern compared to society’s need for protection, there’s a reduced focus on technicalities or legal processes that might slowdown the system
Real world example of the crime control model
Please bargaining- this is where the defendant agrees to plead guilty to a lesser charge to avoid a trial therefore speeding up the justice process and reduces the number of cases that go to trial
Examples of areas of law that support the crime control model
-Allowing the introduction of bad character evidence and previous convictions information for the courts to consider when delivering a verdict.
- the removal of the double jeopardy rule for murder and other serious offenses
- the extended pre charge detention time for terrorist offenses
Examples of areas of law that support the crime control model
-Allowing the introduction of bad character evidence and previous convictions information for the courts to consider when delivering a verdict.
- the removal of the double jeopardy rule for murder and other serious offenses
- the extended pre charge detention time for terrorist offenses
Examples of cases investigated using the crime control model
Colin stagg, Barry George
The key focus in all of these cases is on securing a conviction at any cost. The victims murder provoked stong public reaction and demand for the case to be solved as quickly as possible. In all of these cases the police felt sure that the suspect was guilty and used all measure available including undercover police surveillance to produce evidence of guilt
Criticisms of the crime control model
- it can risk wrongful convictions because it prioritized speed and efficiency over ensuring the accused full legal rights are protected
Due process model- what is it and what is the key focus
This model is the opposite to crime control it focuses on the presumption of innocence and the necessity of producing fairness by protecting the defendants legal rights. Rather than an increase in police power it asserts that police 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. It helps to ensure a correct and just verdict can be reached.
What theory does the crime control model relate too
It can link to the zero tolerance approach found in right realism
What theory does the crime control model relate too
It can link to the zero tolerance approach found in right realism. It’s a formal crime control prevention policy created by the government. The police are clamping down on crime no matter how trivial it is it’s always punitive. It started in New York due to the high levels of use of cocaine and antisocial and violent behaviours which needed to come to an end.
It doesn’t address the causes of crime not that can be deterred through detection and conviction.
What theory does the due process model relate too
It 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 elimate crime.
Key characteristics of the due process model
- it protects individuals rights- the focus is on protecting individuals from unjust or unfair treatment by law enforcement of the courts. Ensuring that every defendant has a fair trial and that no one is wrongly convicted
- legal safeguards- this model requires all legal procedures are followed correctly meaning defendants are given the opportunity to challenge the evidence against them.
- presumption of innocence- unlike the crime control model it operates on the principle that a person is proven innocent until proven guilty. The prosecution must prove guilt beyond a reasonable doubt
- focus on legal processes- it emphasizes careful and thorough legal processes even if this means cases take longer to go through the system
Real world example of the due process model
The right to a fair trial- under this model every individual is guaranteed the right to a fair and impartial trial including the right to legal representation, the right to remain silent and the right to appeal
Examples of areas of law that support the due process model
-The acknowledgement of the need for police procedural safeguards by the introduction of the police and criminal evidence act 1984
- all interviews are now recorded and suspects have the right to legal representation
- all human rights act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights perspective
Examples of cases investigated using the due process model
Sion Jenkins, Garry Weddell, Thompson v. UK and venables v. UK
The above cases are examples of where the defendant has been given their statutory legal rights. For instance that of the right to appeal against a conviction thus allowing a retrial (sion jenkins). Or the exercise of the presumption of bail even to a charge of murder, prior to conviction (garry) also to ensure a trial was fair the use of human rights using the European conventions on human rights (ECHR) (thompson and venables- the killers of James bulger)
