Unit 4 1.3- Crime Control and Due Process Flashcards
Crime Control Model: Principles
Views crime as a threat to peoples freedom and the goal is the suppression of crime. Focusing on catching, punishing, deterring and preventing.
Presumption of Guilt, trusts police to identify who are guilty through investigation.
View that the police should be given greater powers to do their job more effectively.
Assembly line justice, speedily prosecutes, convicts and punishes.
Crime Control Model: Theories
Right Realism- Favours giving the police greater power to investigate and supress crime. Also views crime as a conscious choice.
Functionalism- punishment reinforced societies moral boundaries. Main function of justice is to punish the guilty, which enables society to express moral outrage, strengthen social cohesion.
Crime Control Model: Rules
Police’s right to stop, question, search and arrest.
Jury trials only for serious cases. Magistrates more likely to convict. Juryless trials for suspected Jury tampering.
Public-Interest Immunity certificates may allow prosecution to avoid disclosing evidence.
Due Process Model: Principles
View power of the state as the greatest threat to individual’s freedom, goal is to protect the accused from oppression.
Emphasises rights of the accused rather than those of the victim.
Following rules and procedure as necessary for prosecutors to overcome to secure a conviction.
Due Process: Theories
Left Realism- Argues militaristic policing of poor areas triggers confrontation and makes residents unwilling to assist the police. See police need to act in a lawful and non discriminatory way if they want to fight crime effectively
Labelling Theory- Police may be temped to act illegally, harassing groups that they label negatively as typical criminals.
Due Process: Rules
Suspects rights to know why they’re being arrested.
Right to trial by jury.
Right not to be re-tried for the same offence once acquitted.
Right to not be detained indefinitely without charge.
