Unit 4 1.3 After School Assessments Flashcards
What are the 2 models of criminal justice and what do they both focus on
-The crime control model
- The due process model
These models represent the different approaches to balancing crime prevention and individual rights within the criminal justice system.
What is the crime control models key focus
It emphasizes the reduction of crime by increased police powers and action with a focus on providing justice for the victim. It is a conservative approach to crime
- Its quick and efficient
- Right realism links
- Zero tolerance approach
- Punish criminals to stop them committing further crime
-It is focused on efficiency in preventing and controlling crime. Its aim is to reduce crime quickly by punishing offenders and ensuring the safety of society.
-It prioritizes catching and convicting offenders with speed and minimal legal obstacles
-it can link to the zero tolerance approach found in right realism, it doesn’t address the causes of crime not that can be deterred through detection and conviction.
Key characteristics of the crime control model-
Prioritizes public safety- the model views controllling crime as the most important function and aiming to protect the public from crime as much as possible
Efficiency and speed- it advocates for a streamlined system where cases are getting processed quickly and offenders are dealt with.
Assumption of guilt- it operates on the idea that if the police have arrested someone they are guilty .
Examples 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 deliberating a verdict
- the removal of the double jeopardy rule for murder and other serious offences
- the extended pre charge detention time for territorist offences
Rea world example of crime control model
Please bargaining- this is a common practice where the defendant agrees to plead guilty to a lesser charge to avoid a trial, this speeds up the justice process and reduce the number of cases that go trial
Examples of case investigated using the crime control model
Colin stagg, Barry George
-The key focus in these cases is securing a conviction.
-The victims murder provoked strong public reaction and demand for the case to be solved as quickly as possible
- in all these cases the police felt sure 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 as it prioritizes speed and efficiency over ensuring accused full legal rights are protected
What is the due process model key focus
- Left realism links
- Caring and equal society creates justice
-This model prioritizes individual rights and fairness
- it ensures every person is treated fairly and their legal rights are protected throughout the criminal justice process
- it places a strong emphasis on safeguarding people from mistakes and abuses of power
- it focuses on the presumption of innocence and the necessity of producing fairness by protecting defendants legal rights
- it relates to the left realism approach to criminality with a focus on the inequalities created by a capitalist society where a more equal and caring society would eventually eliminate crime
What are the key characteristics of the due process model
- it protects individuals rights from unfair treatment by the law enforcement or courts, it is about ensuring every defendant has a fair trial and no one is wrongly convicted
- legal safeguards- it ensures all legal procedures are followed correctly meaning the defendants are given the opportunity to challenge the evidence brought against them
- presumption of innocence, this model operates on the principle that a person is innocent until proven guilty
Example of a law that suppports the due process model
- the acknowledgement of the need for police procedural safeguards by the introduction of the police and criminal evidence act (PACE) in 1984
- all interviews are now recorded and suspects have the right to legal investigation
- the human rights act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights perspective
Real world example of the due process model
The right to a fair trial- every individual is guaranteed the right to a fair and impartial trial including the right to legal representation, right to remain silent and the right to appeal
Example of a case investigated using the due process model
Siôn Jenkins, Garry Weddell, Thompson v UK & venables v UK
These 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 (siôn). Or the exercise of the presumption of bail even to charge of murder prior to conviction (garry). To ensure a trial was fair the use of human rights using the European conventions on human rights (Thompson and enables)
Critisism of the due process model
It is criticized for being too slow and for allowing criminals to potentially escape justice due to legal technicalities.
The focus on protecting rights can sometimes result in delays in punishing offenders
What is the key difference between the 2 models
-The crime control model focuses on speed and efficiency in the criminal justice process whereas the due process model focuses on fairness and individual rights even if it slows the process down.
- the crime control model assumes that if a person is arrested they are likely to be guilty but the due process model assumes that everybody is innocent until proven guilty
- the crime control model is less concerned with legal technicalities or individual rights whereas the due process model is more concerned with following legal procedures and protecting rights
- the crime control model aims to prevent crime quickly processing and punishing offenders but the due process model aims to ensure justice is served fairly and no one is wrongly convicted
- the crime control model risk of wrongful convictions due to prioritizing efficiency over fairness but the due process model risk of criminals avoiding punishment due to legal loopholes or slow processes
How do these models affect the criminal justice system
- Impact of law enforcement-
in a system leaning more towards the crime control model the police might have more power to make arrests quicker with fewer convictions
In a due process model sytem the police must follow strict procedures to ensure they do not violate an individuals rights which can slow don the process of arrest and conviction - Impact on courts
Courts operating under the crime control model would focus on processing cases quickly and rely heavily on plea bargains to avoid lengthy trials
Under the due process model courts would be more focused ensuring a fair trial allowing the accused opportunity to defend themselves which could lead to longer and more complex cases - Impact on punishment
The crime control model might advocate for harsher punishments and quick sentencing to deter future crimes
The due process model ensures punishments are fair and proportionate and only given when the guilt has been proven
