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
Why are electronic tags and curfews a sentence under the crime control model?
Ensures offenders comply with restrictions, such as staying home during curfew hours. This limits opportunities for criminal behaviour while enabling authorities to track and enforce compliance, reducing reoffending
Why are anti-social behaviour orders and criminal behaviour orders sentences under the the crime control model?
These orders restrict the activities of individuals engaging in antisocial or criminal behvaiour, such as banning them from certain areas
What two theories support the crime control model?
Right realism
Criminal atavism
Why does right realism link to the crime contrl model?
It supports the need for strict social control, efficient law enforcement, and deterrence to reduce crime
What are the 4 key reasons that right realisrs support the crime control model?
Biological factors
Inadequate socialisation
Rational choice
Zero-tolerance policies
How does biological factors play a role in linking right realism to the crime control model?
RR assert that some individuals are predisposed to criminal behaviour. The CCM support a punitive approach to these individuals focusing on incapacitation for those who are considered ‘biological inclined’ to offend, the system seeks to protect the public
How does inadequate socialisation link right realism to the crime control model?
RR suggest that inadequate socialisation contributes to criminal behaviour. CCM supports efficient policing and surveillance to identify and detain offenders
How does ‘rational choice’ link right realism to the crime control model?
RR suggest individuals commit crimes after weighing the risks and benefits. The CCM applies this through deterrence by imposing swift, certain, and severe penalties, it seeks to make the costs outweigh the potential reward
How does zero-tolerance policies link right realism to the crime control model?
RR supports the use of strict policing strategies like zero-tolerance policies. The policies focus on punishing even minor offences to prevent more serious crimes
What is criminal atavism?
Lombroso’s theory argues that criminal are evolutionary throwbacks with physical and psychological traits that distinguish them from non-criminals. These individuals are born with an innate predisposition to commit crime.
What are the 2 key ways in which Lombroso’s atavism theory links to the crime control model?
Presumption of guilt
Incapacitation
How does criminal atavism link to the crime control model under the presumption of guilt?
CCM supports the identification of criminals through identification policies to use profiling or physical assessments to identify potential offenders and implement preventative measure like detention or monitoring
How does criminal atavism link to the crime control model in terms of incapacitation?
CCM supports incapacitation as the primary method for dealing with individuals who are inherently predisposed to crime.
What two cases are the synoptic links to the crime control model?
Colin stagg
London Riots
What happened in the Colin stagg case?
He was wrongfully accused of murdering Rachel Nickell in 1992
What are the three key links between the colin stagg case and the crime control model?
efficiency
use of covert operations
risk of wrongful convictions
How did ‘efficiency’ affect the case of Colin Stagg according to the crime control model?
The police were eager to solve the high profile case quickly and focused on Colin. By prioritising swift resolution of the case, this misled the case
How did the use of covert operations affect the Colin stagg case according to the crime control model?
The police utilised the ‘honey trap’ operation, invading his privacy and manipulating him into making incriminating statements, because they aimed to quickly extract a confession.
How does the risk pf wrongful conviction link the case of Colin stagg to the crime control model?
The CCM promotes efficiency and it can undermine justice if individuals rights are overlooked. The police’s reliance on entrapment rather than solid evidence led to an unfair accusation
What was the London Riots 2011?
Triggered by the police shooting or Mark Duggan, it escalated quickly into widespread unrest, looting, and violence
