Unit 4 - AC1.3 Flashcards
What are the two models of criminal justice?
Crime control model
Due process model
Who put forward the models of criminal justice?
Herbert Pecker
In short, what does the Crime control model address?
The need for security and public safety
In short, what does the Due process model ensure?
The protection of individual liberties and prevents abuses of power
What does the crime control model of justice emphasise?
Emphasises the efficient and effective suppression of criminal behaviour as the primary goal of the criminal justice system
What does the crime control model of justice prioritise and how does it do this?
public safety and societal order over individual rights, aiming to prevent crime by swiftly apprehending, prosecuting, and punishing offenders
What are the 6 key principles of the crime control model of justice?
Crime reduction
Presumption of guilt
Efficiency
Deterrence and Incapacitation
Increasing police powers
Rights of the victims
What is meant by ‘ crime reduction ‘ under the crime control model?
Stopping and preventing crime should be the most important function of criminal justice to create a free and safe society. By efficiently identifying and punishing offenders, we can ensure more public safety, order and control.
What is the focus of ‘ crime reduction ‘ under the crime control model?
to stop and prevent crime to ensure public safety
What is meant by ‘ presumption of guilt ‘ under the crime control model?
The model operates on the assumption that if someone has been arrested and charged, they are likely guilty.
What is the focus of ‘ presumption of guilt ‘ under the crime control model?
The focus is on streamlining the process to confirm guilt rather than scrutinising every procedural detail
What is meant by ‘ efficiency ‘ under the crime control model?
The system is seen as a ‘conveyor belt’, designed to process cases quickly and minimise delays. The model seeks to avoid lengthy trials and appeals, emphasising early guilty please and plea bargains.
What is the focus of ‘ efficiency ‘ under the crime control model?
On ensuring that the system moves quickly and decisively, even is it occasionally risks wrongful convictions
What is meant by ‘ deterrence and incapacitation ‘ under the Crime Control Model?
Swift and certain punishment is viewed as a deterrent to criminal behaviour. Removing offenders from society (through incarceration or other penalties) is central to protecting the public
What is meant by ‘increasing police powers’ under the crime control model?
the model assumes that police are trustworthy and therefore their powers should be increased to make it easier to investigate, arrest, search, and seize
What is meant by ‘rights of the victim’ under the crime control model?
The focus on upholding the victims rights and argues that the defendant forfeited their rights when they chose to engage in criminal behaviour
What are the three strengths of the crime control model?
Focus on public safety
Efficiency
Deterrence
What are the 4 limitations of the crime control model?
Risk of wrongful convictions
Over-reliance on punishment
Loss of individual rights
Institutional bias
What are the 3 crime control policies?
Stop and search powers
Covert and electronic surveillance
Extended custody powers
What is meant by the stop and search powers policy under the crime control model?
allow police to act preemptively, detecting weapons, drugs, or suspicious behaviour before crimes occur - visible enforcement aims to deter individuals from carrying contraband and disrupts criminal activity
What is meant by covert and electronic surveillance policy under the crime control model?
wiretapping or monitoring cameras, gathers evidence discreetly, targeting organised crime or terrorism - identifies offenders and provides critical intelligence for law enforcement
What is meant by the extended custody powers policy under the crime control model?
For serious offenders such as murder and terror suspects, giving police more time to gather evidence and question suspects - ensuring thorough investigations and lowers the chances of offenders escaping punishment
What are the 3 crime control sentences?
Custodial sentences
Electronic tags and curfews
Anti-social behaviour orders and criminal behaviour orders
Why is a custodial sentence a sentence under the crime control model?
Imprisonment removes offenders from society, incapacitating them and preventing further crime - also a deterrent