Unit 4 AC1.3 Flashcards
What are the two models of criminal justice
Crime control model
Due Process model
Who made the two models of cirminal justice
Herbet Packer
What is the Crime control model
Supression of crime - prioritise catching and punishing offenders, deter and prevent reoffending
Presumption of guilt
Beleive the police have no legal technicalities that might prevent them from investigating crime
Swift justices - conveyor belt of justice
Care about vs of crime and society over the accused
What are some areas of the current law which support the Control crime model
Bad character evidence to aid a prosecution
Removal of double jeopardy law for murder and other serious offences
Extended pre charge detention time for terrorists
Which two cases show the crime control model being used in the CJS and why
Colin Stagg - police should be able to entrap
Barry George - trying to get him locked up on lack of evidence and inadmissibility
Which two sociological theories link to the Crime control model
RR - right wing approach to justice, zero tolerance, military policing and penal populism
Functionalism - punishment reinforces boundary maintenance and allows people to express moral outrage and strengthen social solidarity
What is the Due Process model
Power of the state is the greatest threat to individual freedom
Presumption of innocence
Believe that police are incompetent and that they should be limited by laws in investigations
Emphasises right of the accused rather than vs and society
Does mean that some criminals can get off on legal technicalities
What are some areas of modern law which show the Due Process model
PACE - rules and regulations on how police should behave
Recoding interviews
Right to legal prosecution
HRA within CJS
What are three cases which used the Due Process model
Sion Jenkins - let him go on a legal technicality
Garry Weddel - granted bail to a change of murder (killed wife, given bail, killed wifes mother)
Thompson and Venables - use of ECHR to ensure fair trail
Which sociological theories link to the Due process model
Labelling - aim to stop people/ agencies from labelling people and oppressing people as a criminal. Due process sees them as innocent so harder to label someone as criminal without proof
LR - focuses on the individual and makes sure the police are not discriminatory with community policing. To give people a chance with LR does
